NSW Caselaw
New South Wales Supreme Court
CITATION : Hamod v State of New South Wales (No 8) [2008] NSWSC 125
HEARING DATE(S) : 22 February 2008
JUDGMENT DATE : 22 February 2008
JUDGMENT OF : Harrison J
EX TEMPORE JUDGMENT DATE : 22 February 2008
1. Notice to Produce filed 23 November 2007 issued to the First Defendant is set aside. DECISION : 2. Order the First Plaintiff to pay the First Defendant's costs of its Notice of Motion filed 11 December 2007. 3. Notice to Produce filed 23 November 2007 issued to the Second Defendant is set aside. 4. Order the First Plaintiff to pay the Second Defendant's costs of its Notice of Motion filed 13 December 2007.
CATCHWORDS : CIVIL PROCEDURE – notices to produce - setting aside - oppressive - relevance - notice to produce should not be used to seek further discovery
LEGISLATION CITED : Uniform Civil Procedure Rules 2005
CATEGORY : Procedural and other rulings
AAPT v Cable and Wireless Optus [1999] NSWSC 454 Azzi v Volvo [2006] NSWSC 283 CASES CITED : Foord v Brock [2005] NSWCA 156 Norris v Kandiah [2007] NSWSC 1296 The News Corporation Ltd v Lenfest Communications Inc [1996] NSWSC 474
Anthony Hamod (First Plaintiff) PARTIES : Hamock Investments Pty Ltd (Second Plaintiff) State of New South Wales (First Defendant) UBS Australia Limited (Second Defendant)
FILE NUMBER(S) : SC 20147 of 2003
COUNSEL : M T Hutchings (First Defendant) M R Speakman SC (Second Defendant)
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