NSW Caselaw
Reported Decision : 76 NSWLR 158
New South Wales Supreme Court
CITATION : Application of Monier Inc [2009] NSWSC 986
HEARING DATE(S) : 8 September 2009
JUDGMENT DATE : 18 September 2009
JUDGMENT OF : Mathews AJ
1. Orders 1 to 6 made by Kirby J on 24 June 2009 are discharged; DECISION : 2. The subpoena to produce documents issued to Boral at the request of Monier on 24 June 2009 is set aside; 3. Monier is to pay Boral's costs of the notice of motion
CATCHWORDS : Order for the production of documents - specification of particular documents - sufficient particularity - obtaining evidence on commission - particular documents specified in the order - oppression - can subpoena be remoulded - request from foreign court
Hague Convention on the Taking of Evidence Abroad in Civil or Commercial Matters (1970) LEGISLATION CITED : Evidence on Commission Act 1995 Evidence (Proceedings in Other Jurisdictions) Act 1975 UK
CATEGORY : Principal judgment
Rio Tinto Zinc Corporation & ors v Westinghouse Electric Corporation [1978] A.C 547 CASES CITED : In re Asbestos Insurance Coverage Cases [1985] 1 All E.R 716 British American Tobacco Australian Services Limited & ors v Eubanks (2004) 60 NSWLR 483 Great China Metal Industries Co Ltd v Malaysian International Shipping Corporation Berhad (1998) 196 CLR 161
PARTIES : Monier Inc Boral Limited
FILE NUMBER(S) : SC 12971/09
Mr R. McHugh SC COUNSEL : Mr. J Watson Mr J.A. Halley
IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION PROGRESSIVE LIST
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