Tony Hassan Noun v Margaret Pavey [2013] NSWSC 846

Supreme Court New South Wales

Medium Neutral Citation: Tony Hassan Noun v Margaret Pavey [2013] NSWSC 846 Hearing dates: 7 June 2013 Decision date: 07 June 2013 Jurisdiction: Equity Division Before: Rein J Decision: Application dismissed with an order for costs against the plaintiffs. Orders the solicitor and counsel for the defendants be released from their undertakings that they have given in relation to items 1 to 5 of the first Notice to Produce except for a document at pp 174-175 of Exhibit 1. Direct the plaintiffs' solicitors to notify the defendant's solicitors on or before 21 June 2013 whether or not the claim for confidentiality is maintained in respect of the remaining documents. Catchwords: PRACTICE AND PROCEDURE - application to have the Registrar's decision in relation to two Notices to Produce issued on behalf of the defendants set aside - plaintiff's claim that the Notices to Produce should be set aside on the basis that it was intended to subvert the Supreme Court Practice Notes 5 and 11, the documents are confidential and the Notices to Produce lacked legitimate forensic purpose - application by the defendants that the defendants' solicitor and counsel be released from undertakings in relation to alleged confidential documents Legislation Cited: Family Law Act 1975 (Cth) Pay Roll Tax Act 1971 (NSW) Supreme Court Act 1970 (NSW) Taxation Administration Act 1996 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Re Colorado Products Pty Ltd (in prov liq) [2013] NSWSC 611 Dae Boong International Co Pty Limited v Gray [2009] NSWCA 11 Halpin and Others v Lumley General Insurance Ltd [2009] NSWSC 644; (2009) 258 ALR 588 House v The King (1936) 55 CLR 499; (1936) 10 ALJR 202; [1936] HCA 40 Lamru Pty Limited v Kation Pty Limited [2013] NSWSC 195 Tasty Chicks Pty Limited v Chief Commissioner of State Revenue (2011) 245 CLR 446 Tomko v Palasty (No. 2) (2007) 71 NSWLR 61 Sciacca v Langshaw Valuations Pty Limited [2012] NSWSC 1450 Solarus Projects Pty Ltd v Vero Insurance Ltd [2013] NSWSC 328 Category: Interlocutory applications Parties: Tony Hassan Noun (First Plaintiff) THN Pty Limited (Second Plaintiff) Margaret Anne Pavey (First Defendant) Alexander McIntyre Stewart Kennedy (Second Defendant) Mark Melbourne (Third Defendant) Representation: Counsel: Mr C. Bevan (Plaintiffs) Mr S.A. Lawrence (Defendants) Solicitors: Turner Freeman Lawyers (Plaintiffs) Bank Haddock Fiora (Defendants) File Number(s): 2012/93374