Desjardins v Smith [2024] NSWSC 540

Supreme Court New South Wales

Medium Neutral Citation: Desjardins v Smith [2024] NSWSC 540 Hearing dates: 18 April 2024 Date of orders: 9 May 2024 Decision date: 09 May 2024 Jurisdiction: Common Law Before: Sweeney J Decision: 1. The plaintiff's Notice of Motion dated 15 March 2024 to set aside the Notice to the plaintiff to produce documents dated 14 March 2024 is dismissed. 2. The plaintiff is to produce to the Court on the first day of the hearing of the proceedings any documents in answer to the Notice to Produce, as to item 1, as narrowed by Senior Counsel for the defendant during the hearing of the motion and as to item 3, as amended during the hearing of the motion. 3. The plaintiff is to pay the defendant's costs of and incidental to the hearing of the Notice of Motion. Catchwords: CIVIL PROCEDURE — Notice to Produce — Application to set aside — Abuse of process — Legitimate forensic purpose — Client legal privilege Legislation Cited: Limitation Act 1969 (NSW) Cases Cited: Australian Institute of Fitness Pty Ltd v Australian Institute of Fitness (Vic/Tas) Pty Ltd (No 2) [2015] NSWSC 994 Baker-Morrison v State of New South Wales [2009] NSWCA 35 Boorman v Glaxo Wellcome Australia Pty Ltd [2017] NSWSC 576 Commissioner of Taxation v Rio Tinto Ltd (2006) 151 FCR 341 Commonwealth v Temwood Holdings Pty Ltd [2002] WASC 107 DSE Holdings Pty Ltd v Intertan Inc [2003] FCA 384 Mann v Carnell (1999) 201 CLR 1; [1999] HCA 66 Pomare v Whyte [2019] NSWCA 317 Rickhuss v The Cosmetic Institute Pty Ltd (No 4) [2023] NSWSC 666 Secretary of the Department of Planning, Industry and Environment v Blacktown City Council [2021] NSWCA 145 Shaw v Oakdale Junior Motorcycle Club Inc [2017] NSWSC 822 State of New South Wales v Gillett [2012] NSWCA 83 Xinfeng v GR Capital Group [2020] NSWSC 620 Yes Family Pty Ltd v Sphere Healthcare Pty Ltd [2016] NSWSC 393 Texts Cited: Nil Category: Procedural rulings Parties: Nathaly Desjardins (Plaintiff) Matthew Smith (Defendant) Representation: Counsel: P Beale (Plaintiff) D Priestley SC (Defendant)