Page v Rankine [2020] NSWSC 902

Supreme Court New South Wales

Medium Neutral Citation: Page v Rankine [2020] NSWSC 902 Hearing dates: 15 July 2020 Date of orders: 15 July 2020 Decision date: 15 July 2020 Jurisdiction: Equity Before: Ward CJ in Eq Decision: 1. Order that the notice to produce to Court issued by the defendant to the plaintiff, dated 12 June 2020, is set aside. 2. Order pursuant to ss 61 and 63 of the Civil Procedure Act 2005 (NSW), and the inherent jurisdiction of the Court, that the notices of motion filed by the defendant on 15 June 2020 and 23 June 2020 be set aside, with liberty to the defendant to file within seven days an amended notice of motion limited only to: (a) an application for an extension of time to comply with orders made on 30 March 2020 pursuant to r 1.12(1) of the Uniform Civil Procedure Rules 2005 (NSW); and (b) an application to set aside or vary the orders of Hallen J made on 30 March 2020 pursuant to r 36.5 of the Uniform Civil Procedure Rules 2005 (NSW). 3. Order that the defendant pay the plaintiff's costs of the notice of motion filed by the plaintiff on 23 June 2020. 4. Order that any notice of motion filed by the defendant in exercise of the liberty granted by me will be returnable for directions before me at 8.30am on 28 July 2020. Catchwords: CIVIL PROCEDURE — Probate and administration of estates — Contentious proceedings CIVIL PROCEDURE — Interlocutory applications — where application to set aside notice to produce and notice of motion — where notice to produce and notices of motion imprecise, misconceived and otherwise incompetent Legislation Cited: Civil Procedure Act 2005 (NSW), ss 56, 61, 63 Probate and Administration Act 1898 (NSW), s 93 Supreme Court Rules 1970 (NSW), Pt 78 r 48 Uniform Civil Procedure Rules 2005 (NSW), rr 1.12(1), 18.7, 34.1, 36.5 Cases Cited: Douglas Corporation Pty Ltd v Currico Nominees Pty Ltd [2007] NSWSC 113 Norris v Kandiah [2007] NSWSC 1296 Penrith Rugby League Club Ltd v Brown [2004] NSWSC 1182 Category: Procedural and other rulings Parties: James Michael Page (Plaintiff) Anthony John Rankine (Defendant) Representation: Counsel: C Birtles (Plaintiff) No appearance by the defendant