Overdean Developments Pty Ltd v Garslev Holdings Pty Ltd [2020] NSWSC 670

Supreme Court New South Wales

Medium Neutral Citation: Overdean Developments Pty Ltd v Garslev Holdings Pty Ltd [2020] NSWSC 670 Hearing dates: On the papers Date of orders: 29 May 2020 Decision date: 29 May 2020 Jurisdiction: Equity - Expedition List Before: Williams J Decision: Order that the notices to produce issued by the defendants on 11, 14 and 15 May 2020 be set aside. Catchwords: PRACTICE AND PROCEDURE – subpoenas and notices to produce – application to set aside certain notices to produce issued by defendants – where notices to produce do not seek specified documents or things but instead seek extremely broad categories of documents – where notices to produce seek production to both defendants and to the Court – notices to produce set aside Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), rr 34.1, 34.2 Cases Cited: Azzi v Volvo [2006] NSWSC 283 Category: Procedural and other rulings Parties: Overdean Developments Pty Ltd as trustee of the Dean Superfund (First Plaintiff/First Cross-Defendant) Brian Dean (Second Plaintiff/Second Cross-Defendant) B.A.D Nominees (NSW) Pty Ltd (Third Plaintiff/Third Cross-Defendant) Garslev Holdings Pty Ltd (First Defendant/First Cross-Claimant) Leonardus Gerardus Smits (Third Defendant/Third Cross-Claimant) Peter Shah Mahommed (Fourth Defendant/Fourth Cross-Claimant) Vestecorp Financial Services Pty Ltd (Fifth Defendant/Fifth Cross-Claimant) Jacobus Smits (Sixth Defendant/Sixth Cross-Claimant) Representation: Counsel: D Allen (Plaintiffs/Cross-Defendants) L Smits, solicitor (Defendants/Cross-Claimants)