Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Carey v Carey (No 2) [2008] FCA 364
PRACTICE AND PROCEDURE – preliminary discovery – notices to produce – exercise of discretion Federal Court Rules 1979 (Cth), O 15A, r 6 Mann v Carnell (1999) 201 CLR 1 followed SmithKline Beecham PLC v Alphapharm Pty Ltd [2001] FCA 271 followed MARION GRACE CAREY AND MARK KNIGHT CAREY v IAN HARVEY CAREY NSD1565 OF 2007
FLICK J
10 MARCH 2008
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1565 OF 2007
BETWEEN: MARION GRACE CAREY
First Applicant
MARK KNIGHT CAREY
Second Applicant
AND: IAN HARVEY CAREY
Respondent
JUDGE: FLICK J DATE OF ORDER: 10 MARCH 2008
WHERE MADE: SYDNEY
THE ORDERS OF THE COURT ARE: 1. The Notice of Motion dated 14 December 2007 in respect to the Notice to Produce dated 29 November 2007 be dismissed. 2. The documents in respect to that Notice to Produce be produced to the Applicants on or before 31 March 2008. 3. The Notice to Produce served by the Applicants upon the Respondent dated 1 February 2008 be set aside. 4. Costs be reserved.
THE FURTHER ORDERS OF THE COURT ARE: 5. Order 1(e) as made on 29 November 2007 be further varied by extending the time in respect to which an Affidavit is to be filed to 17 March 2008. 6. The Notice to Produce served by the Respondent upon the Applicants dated 23 November 2007 be set aside. 7. Costs in respect to the setting aside of that Notice to Produce be reserved. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1565 OF 2007
BETWEEN: MARION GRACE CAREY
First Applicant
MARK KNIGHT CAREY
Second Applicant
AND: IAN HARVEY CAREY
Respondent
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