NSW Caselaw
New South Wales Supreme Court
CITATION : Seiwa Australia Pty Ltd v Seeto Financial Services Pty Ltd [2008] NSWSC 305
HEARING DATE(S) : 3 April 2008
JUDGMENT DATE : 10 April 2008
JURISDICTION : Equity Division
JUDGMENT OF : Harrison J
DECISION : 1. The notice to produce dated 3 March 2008 issued by the plaintiffs to the first, second and third defendants be set aside. 2. The plaintiffs pay the first, second and third defendants costs of the motion.
CATCHWORDS : NOTICE TO PRODUCE – whether oppressive – whether an invalid alternative to discovery – no substitute for order for discovery or for further and better discovery – notice set aside
LEGISLATION CITED : Uniform Civil Procedure Rules 2005
CATEGORY : Procedural and other rulings
CASES CITED : Azzi & Ors v Volvo [2006] NSWSC 283 Douglas Corporation Pty Ltd v Currico Nominees Pty Ltd [2007] NSW SC 113
Seiwa Australia Pty Ltd (First Plaintiff) Australia Seiwa Pty Ltd (Second Plaintiff) Shojiro Azuma (Third Plaintiff) PARTIES : Seeto Financial Services Pty Ltd (First Defendant) Seito Ocean Products Pty Ltd (Second Defendant) Stephen Andrew Seeto (Third Defendant) Malcolm James Beard (Fourth Defendant) Gregory Charles Ralph (Fifth Defendant)
FILE NUMBER(S) : SC 02806 of 2004
M W Young (Plaintiffs) COUNSEL : S T O'Brien (First, Second and Third Defendants) A Leopold SC (Fourth and Fifth Defendants)
Dixon Holmes du Point (Plaintiffs) SOLICITORS : Hillman Laxon Tobias Lawyers (First, Second and Third Defendants) Henry Davis York (Fourth and Fifth Defendants)
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