Woolworths Ltd v The Warehouse Group (Australia) Pty Ltd and Anor [2002] NSWLEC 55

Woolworths Ltd v The Warehouse Group (Australia) Pty Ltd and Anor [2002] NSWLEC 55

The notice to produce was not premature nor oppressive, as the applicant’s claim, affidavit, and points of claim sufficiently disclosed facts in issue; accordingly, there was no basis to strike out any part of the notice to produce.

Jurisdiction
Australia
Judgment Date
20 February 2002
Procedural Posture
Class 4 Application / Interlocutory (notice of Motion to Strike Out Parts of Notice to Produce)
Outcome
First respondent's notice of motion dismissed; production date for notice to produce set; costs in the cause.
Legal Topics
['notice to Produce' 'strike Out Application' 'scope of Notice' 'oppressiveness' 'fishing Expedition' 'costs']
['practice and Procedure'] ['notice to Produce' 'strike Out Application' 'scope of Notice' 'oppressiveness' 'fishing Expedition' 'costs']

Case Brief

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Procedural Posture

Class 4 Application / Interlocutory (notice of Motion to Strike Out Parts of Notice to Produce)

Legal Issues

  1. 1 ['Whether the notice to produce served by the applicant is oppressive or a fishing expedition and should be struck out' 'Whether the notice to produce is premature given the stage of pleadings' 'Appropriate directions regarding compliance and costs']

Ratio Decidendi

The notice to produce was not premature nor oppressive, as the applicant’s claim, affidavit, and points of claim sufficiently disclosed facts in issue; accordingly, there was no basis to strike out any part of the notice to produce.

Court Disposition

First respondent's notice of motion dismissed; production date for notice to produce set; costs in the cause.

Orders

  • ["First respondent's notice of motion dismissed." 'Date for production required by notice to produce is 9.00 am on 20 March 2002.' 'Costs of notice of motion shall be costs in the cause.' 'Notice to produce to be listed in a callover before Registrar at 9.00 am on 20 March 2002.']