Idoport Pty Limited & Anor v National Australia Bank Limited & 8 Ors.; Idoport Pty Limited & Market Holdings Pty Limited v Donald Robert Argus; Idoport Pty Limited "JMG" v National Australia Bank Limited & Ors. [40] [2001] NSWSC 922

New South Wales Supreme Court

CITATION : Idoport Pty Limited & Anor v National Australia Bank Limited & 8 Ors.; Idoport Pty Limited & Market Holdings Pty Limited v Donald Robert Argus; Idoport Pty Limited "JMG" v National Australia Bank Limited & Ors. [40] [2001] NSWSC 922 FILE NUMBER(S) : SC 50113/98; 50026/99; 3991/00 HEARING DATE(S) : 15/10/01 JUDGMENT DATE : 19 October 2001

Idoport Pty Limited (Plaintiff) PARTIES : Market Holdings Pty Limited (Plaintiff) National Australia Bank Limited (Defendant) Donald Robert Argus (Defendant) JUDGMENT OF : Einstein J

COUNSEL : Mr JJ Garnsey QC, Mr M Dicker (Plaintiffs) Mr H Insall SC, Mr J Halley (Defendants) SOLICITORS : Withnell Hetherington (Plaintiffs) Freehills (Defendants) CATCHWORDS : Practice and procedure - Discovery - production of documents on notice to produce CASES CITED : Idoport Pty Ltd v National Australia Bank Ltd [2000] NSWSC 945 DECISION : Short minutes of order to be brought in.

– THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION - COMMERCIAL LIST

EINSTEIN J

19 October 2001

50113/98 IDOPORT PTY LIMITED & ANOR v NATIONAL AUSTRALIA BANK LIMITED & 8 ORS

50026/99 IDOPORT PTY LIMITED & ANOR v DONALD ROBERT ARGUS

3991/00 IDOPORT PTY LIMITED ("JMG") v NATIONAL AUSTRALIA BANK

JUDGMENT 1 There are before the Court a number of notices of motion. The plaintiffs by their motions broadly seek the production of documents in a number of categories either by discovery orders or by notices to produce the documents. The defendants by their motions, seek to set aside the plaintiffs notices to produce.

General discretionary considerations 2 Before outlining the terms of the particular categories of documents which the plaintiffs seek to have produced to them and noting the specific submissions made by both parties in relation to those categories, it is convenient to note that both parties relied upon a number of discretionary considerations.