Haddad & Anor v Ko [2023] NSWSC 1030

Supreme Court New South Wales

Medium Neutral Citation: Haddad & Anor v Ko [2023] NSWSC 1030 Hearing dates: 28 August 2023 Date of orders: 29 August 2023 Decision date: 29 August 2023 Jurisdiction: Equity - Real Property List Before: Richmond J Decision: Decline to set aside defendant's notices to produce Catchwords: CIVIL PROCEDURE — notices to produce — before hearing Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Brennan v O'Meara [2009] NSWSC 1374 Currie v Dempsey (1967) 69 SR (NSW) 116 Secretary of the Department of Planning, Industry and Environment v Blacktown City Council [2021] NSWCA 145 Category: Procedural rulings Parties: Mariene Haddad and Alex Haddad (Plaintiffs) Wai Keung Ko (Defendant) Representation: Counsel: N Weinberger (Solicitor) (Plaintiffs) Q Rares (Defendant)

Solicitors: Weinberger Lawyers Ma & Company File Number(s): 2021/244226 Publication restriction: Nil

JUDGMENT 1. Before the Court are two Notice of Motion. The first is the plaintiffs' Amended Notice of Motion dated 28 August 2023 seeking to set aside three Notice to Produce issued by the defendant to the plaintiffs, which are dated 18 May 2022 (First NTP), 18 April 2023 (Second NTP) and 21 August 2023 (Third NTP). The second is the defendant's Notice of Motion dated 1 June 2023 seeking discovery of essentially the same documents as are sought under the three NTPs. The defendant accepts that if the plaintiffs fail to set aside the three NTPs, the defendant's Notice of Motion for discovery falls away.