Tin-Tagel Majikk Pty Ltd v Hockey [2021] NSWSC 1008

Supreme Court New South Wales

Medium Neutral Citation: Tin-Tagel Majikk Pty Ltd v Hockey [2021] NSWSC 1008 Hearing dates: 22 July 2021 Date of orders: 16 August 2021 Decision date: 16 August 2021 Jurisdiction: Common Law Before: Davies J Decision: (1) The notice to produce issued pursuant to UCPR r.21.10 on 18 February 2021 is set aside. (2) The seventh defendant is to comply with the notice to produce issued pursuant to UCPR r 34.1 on 6 May 2021 within 14 days. (3) Except as provided in orders (1) and (2) herein, dismiss the plaintiffs' amended notice of motion filed 1 July 2021 and the seventh defendant's notice of motion filed 25 June 2021. (4) No order for costs, to the intent that each party pays its own costs of each motion. (5) Liberty to apply on 2 days' notice. Catchwords: CIVIL PROCEDURE - notices to produce - before hearing - notices issued pursuant to UCPR r 21.10 and r 34.1 - whether notices should be set aside or be complied with - proceedings alleging breach of confidential information from a share sale agreement to purchase real estate agency - where first defendant, formerly a director of second plaintiff, remained working in real estate agency after completion of sale and is alleged to have downloaded confidential information belonging to plaintiffs' business - whether information used by defendants in rival agency - where "on the cards" that documents in r 34.1 notice will materially assist plaintiffs' case - recipient of notice ordered to produce documents -where documents in notice issued under r 21.10 do not consist of specific documents that are clearly identified - where notice should be set aside Legislation Cited: Civil Procedure Act 2005 (NSW) s 56 Evidence Act 1995 (NSW) Uniform Civil Procedure Rules 2005 (NSW) rr 21.9, 21.10, 34.1 Cases Cited: Alister v the Queen (1984) 154 CLR 404, [1984] HCA 85 Associated Dominions Assurance Society Pty Ltd v John Fairfax & Sons Pty Ltd (1955) 72 WN (NSW) 250 Loulach Developments Pty Ltd v Roads and Maritime Services (No 2) [2018] NSWSC 1465 Norris v Kandiah [2007] NSWSC 1296 Patonga Beach Holdings Pty Ltd v Lyons [2009] NSWSC 869 Secretary of the Department of Planning, Industry and Environment v Blacktown City Council [2021] NSWCA 145 Texts Cited: Nil Category: Procedural rulings Parties: Tin-Tagel Majikk Pty Ltd (First Plaintiff) Danc Pty Ltd (Second Plaintiff) Kenneth Roy Folley (Third Plaintiff) Kathryn Mary Folley (Fourth Plaintiff) Majikk Pty Ltd (Fifth Plaintiff) Boyle Partners Pty Ltd (Seventh Defendant) Representation: Counsel: M Zammit (Plaintiffs) M Robertson (Seventh Defendant)