NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Kassam & Ors v Hazzard & Ors [2021] NSWSC 1195 Hearing dates: 20 September 2021 Date of orders: 20 September 2021 Decision date: 20 September 2021 Jurisdiction: Common Law Before: Beech-Jones CJ at CL Decision: (1) Paragraph 5 of the Plaintiff's Notice to Produce dated 13 September 2021 is set aside. (2) The costs of the Fourth Defendant's notice of motion dated 17 September 2021 to set aside the Notice to Produce be costs in the cause. Catchwords: PROCEDURE – notice to produce – issued in proceedings challenging the validity of public health orders – width of notice – relevance of documents sought to bases upon which validity challenged – notice set aside – no question of principle Legislation Cited: Australian Immunisation Register Act 2015 Biosecurity Act 2015 Constitution Public Health Act 2010 Cases Cited: Graphite Energy Pty Ltd v Lloyd Energy Systems Pty Ltd [2014] NSWSC 1326 ICM Agriculture v The Commonwealth (2009) 240 CLR 140 Magennis v The Commonwealth (1949) 80 CLR 382 Category: Procedural rulings Parties: Al-Munir Kassam (Plaintiff) Commonwealth of Australia (Fourth Defendant) Representation: Counsel: P King; E Rusiti (Plaintiff) J Davidson (Fourth Defendant)
Solicitors: Ashley, Francina, Leonard & Associates (Plaintiff) Australian Government Solicitor (Fourth Defendant) File Number(s): 2021/249601
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