NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Attwells v White (No 3) [2021] NSWSC 144 Hearing dates: 23 February 2021 Decision date: 25 February 2021 Jurisdiction: Common Law Before: Adamson J Decision: (1) Set aside the notice to produce filed by the plaintiff on 22 December 2020 seeking production from the first defendant. (2) Order the plaintiff to pay the first defendant's costs of the notice of motion filed on 12 February 2021. Catchwords: CIVIL PROCEDURE — Notices to produce — Application to set aside — Before hearing — Relevance to a fact in issue — Legitimate forensic purpose COSTS — Party/Party — General rule that costs follow the event — Application of the rule Legislation Cited: Civil Procedure Act 2005 (NSW), Pt 5 Uniform Civil Procedure Rules 2005 (NSW), rr 34.1, 34.2, 42.1 Cases Cited: Attorney-General (NSW) v Chidgey [2008] NSWCCA 65; (2008) 182 A Crim R 536 Lowery v Insurance Australia Ltd (2015) 90 NSWLR 320; [2015] NSWCA 303 Portal Software International Pty Ltd v Bodsworth [2005] NSWSC 1115 Category: Procedural rulings Parties: Noel Bruce Attwells (Plaintiff) Gary Alan White (First Defendant) John Kelly SC (Second Defendant) Representation: Counsel: R Newell (Plaintiff) K Petch (First Defendant) I Griscti (Second Defendant)
Solicitors: L C Muriniti & Associates Solicitors (Plaintiff) Gilchrist Connell (First Defendant) Mills Oakley (Second Defendant) File Number(s): 2017/382284
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