Foyster v Foyster Holdings [2002] NSWSC 959

New South Wales Supreme Court

CITATION : Foyster v Foyster Holdings [2002] NSWSC 959 CURRENT JURISDICTION: Equity Division Corporations List FILE NUMBER(S) : SC 2806/02 HEARING DATE(S) : 08/10/02 JUDGMENT DATE : 16 October 2002

David Lloyd Foyster - Plaintiff PARTIES : Peter William Hopkins - Fifth Defendant Hopkins Professional Services Pty Limited - Sixth Defendant JUDGMENT OF : Barrett J

COUNSEL : Mr M B Evans - Plaintiff Ms K Williams - Fifth and Sixth Defendants SOLICITORS : Kings Lawyers - Plaintiff Phillips Fox - Fifth and Sixth Defendants CATCHWORDS : PROCEDURE - notice to produce - whether oppressive - whether impermissible substitute for discovery Commissioner of Police v Tuxford [2002] NSWCA 139 CASES CITED : Commissioner for Railways v Small (1938) 38 SR (NSW) 564 Foyster v Foyster Holdings Pty Ltd [2002] NSWSC 722 National Employers' Mutual General Association Ltd v Waind and Hill [1978] 1 NSWLR 372 DECISION : Notices to produce set aside

- 2 - IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION CORPORATIONS LIST

BARRETT J

WEDNESDAY, 16 OCTOBER 2002

2806/02 – FOYSTER v FOYSTER HOLDINGS PTY LIMITED & ORS JUDGMENT 1 By notice of motion filed on 12 June 2002, the fifth and sixth defendants seek an order that the notices to produce documents dated 24 May 2002 and served on them by the plaintiff be set aside. 2 The two notices to produce are substantially the same. Each seeks production of: "All documents, papers, computer records and other things representing communications or records of communications (being letters, file notes, facsimile transmissions, reports, emails, notes of conversations, etc) between you to the following persons, and from the following persons to you or otherwise in your possession, relating to the King Island prospect for the period 9 May 2000 to date."