The Checkout Pty Ltd v Cordell Jigsaw Productions Pty Ltd (No 8) [2021] NSWSC 703

Supreme Court New South Wales

Medium Neutral Citation: The Checkout Pty Ltd v Cordell Jigsaw Productions Pty Ltd (No 8) [2021] NSWSC 703 Hearing dates: 8 June 2021 Decision date: 16 June 2021 Jurisdiction: Equity - Commercial List Before: Stevenson J Decision: Application for declaration that party responding to subpoena by producing redacted documents in contempt of court refused; order to be made as to whether documents may be produced in redacted form Catchwords: SUBPOENAS – where document produced in redacted form – where redactions made in respect of material said to be the subject of client legal privilege – where further redactions made on the basis of material said to be confidential and irrelevant and not called for by the subpoena – where documents produced in redacted form without leave – circumstances where leave should be sought before producing documents in redacted form – whether it is common practice to produce documents in redacted form and later seek leave CONTEMPT – where party produced documents in response to subpoenas in redacted form – whether party that produced documents in response to subpoenas in redacted form in contempt of court – where declaration sought that such party was in contempt of court – where no punishment sought for the alleged contempt – whether any utility in making a declaration – whether the making of a declaration would be disproportionate to the conduct in question Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: AMI Australia Holdings Pty Ltd v Fairfax Media Publications Pty Ltd [2009] NSWSC 1484 Gray v Associated Book Publishers (Aust) Pty Ltd [2002] FCA 1045 NAK Australia Pty Ltd v Starkey Consulting Pty Ltd [2008] NSWSC 1136 Telstra Corporation v Australis Media Holdings, Supreme Court (NSW), McLelland CJ in Eq, 10 February 1997, unrep) The Checkout Pty Ltd v Cordell Jigsaw Productions Pty Ltd (No 2) (Supreme Court (NSW), Stevenson J, 17 September 2020, unrep) The Checkout Pty Ltd v Cordell Jigsaw Productions Pty Ltd (No 3) [2020] NSWSC 1364 The Checkout Pty Ltd v Cordell Jigsaw Productions Pty Ltd (No 4) (Supreme Court (NSW), Stevenson J, 14 October 2020, unrep) The Checkout Pty Ltd v Cordell Jigsaw Productions Pty Ltd (No 5) [2020] NSWSC 1516 The Checkout Pty Ltd v Cordell Jigsaw Productions Pty Ltd (No 6) [2020] NSWSC 1820 The Checkout Pty Ltd v Cordell Jigsaw Productions Pty Ltd (No 7) [2020] NSWSC 1883 The Checkout Pty Ltd v Cordell Jigsaw Productions Pty Ltd [2020] NSWSC 1238 Transport Secretary (on behalf of the Government of New South Wales) v Srinivasa [2018] NSWSC 1494 Westgate Finance Pty Ltd v May [2012] NSWSC 806 Category: Procedural rulings Parties: The Checkout Pty Ltd (First Plaintiff) Giant Dwarf Pty Ltd (Second Plaintiff) Julian Francis Xavier Morrow (Third Plaintiff) Cordell Jigsaw Productions Pty Ltd (First Defendant) Nicholas Harvey Murray (Second Defendant) Australian Broadcasting Corporation (Interested Party) Representation: Counsel: S Chrysanthou SC with C O'Neill (Plaintiffs) B F Katekar SC (Defendants) R White (Interested Party)