Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Team Dreegan Pty Ltd v Moss, in the matter of Symich Building Pty Ltd [2024] FCA 636 File number(s): NSD 702 of 2023
Judgment of: GOODMAN J
Date of judgment: 17 June 2024
Catchwords: PRACTICE AND PROCEDURE – application to set aside notice to produce where plaintiff served notice to produce purportedly under r 20.31 of the Federal Court Rules 2011 (Cth) which the plaintiff sought inspection of documents referred to in the plaintiff's own witness affidavits – fundamental flaw immediately notified by the defendant – notice to produce set aside with costs payable on an indemnity basis – application by the plaintiff for production under r 20.31 of documents mentioned in an exhibit to an affidavit served by the defendant – documents mentioned in an exhibit not caught by r 20.31 – application dismissed DISCOVERY – application for non-standard discovery – requirement of direct relevance – application allowed in part
Legislation: Corporations Act 2001 (Cth) s 506A Federal Court Rules 2011 (Cth) rr 20.11, 20.14, 20.15 20.31
Cases cited: In Re Hinchliffe [1895] 1 Ch 117 Kortz Ltd v Data Acquisition Pty Ltd [2006] FCA 1722; (2006) 155 FCR 556 In Re Koscot Interplanetary (UK) Ltd [1972] 3 All ER 829 Robowash Pty Ltd v Robowash Finance Pty Ltd [2000] WASCA 409; (2000) 158 FLR 338 Saffari v Amazon Commercial Services Pty Ltd [2024] FCA 436
Division: General Division
Registry: New South Wales
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
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