Federal Court of Australia
SUPREME COURT OF NORFOLK ISLAND
Prechelt, in the matter of Hillcrest Pty Ltd v Hillcrest Pty Ltd [2017] NFSC 1 File number: SC 3 of 2016
Judge: BESANKO CJ
Date of judgment: 19 January 2017
Catchwords: PRACTICE AND PROCEDURE – application to set aside or amend notices of non-party production – where application brought by defendant – whether all relevant documents already tendered – whether categories specified in notices are reasonably necessary for fairly disposing of the proceeding – whether notices specifically particularise documents sought – whether notices are being used for fishing – Court Procedure Rules 2006 (ACT), rr 660, 663.
Legislation: Companies Act 1985 (Norfolk Island) s 467 Court Procedure Rules 2006 (ACT) rr 660, 663 Land Administration Fees Act 1996 (Norfolk Island) s 4 Land Titles Act 1996 (Norfolk Island) Rules of the Supreme Court of Queensland, O 40 r 38A Supreme Court Rules of the Australian Capital Territory, O 34B
Cases cited: Better Building Services Pty Limited v Diana Vere Dyer [2004] ACTSC 65 Lebon v Lake Placid Resort Pty Limited [1995] 1 Qd R 24 Uthmann v Ipswich City Council [1998] 1 Qd R 435
Date of hearing: Heard on the papers
Date of last submissions: 28 October 2016
Registry: Norfolk Island
Category: Catchwords
Number of paragraphs: 34
Solicitor for the Plaintiff: Shand Taylor Lawyers
Solicitor for the Defendant: Willis & Bowring Solicitors
ORDERS SC 3 of 2016 IN THE MATTER OF HILLCREST PTY LTD NI COMPANY REGISTRATION NO. 02/96 BETWEEN: GREGG PRECHELT Plaintiff
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