Donnelly v Australia and New Zealand Banking Group Ltd [2014] NSWCA 93

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Donnelly v Australia and New Zealand Banking Group Ltd [2014] NSWCA 93 Hearing dates: 24 March 2014 Decision date: 24 March 2014 Before: McColl JA Decision: 1. Notice to produce filed on 12 March 2014 set aside. 2. Respondent to the notice of motion to pay the costs thereof. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: PRACTICE - setting aside notice to produce - whether notice to produce seeks documents relevant to fact in issue on appeal - notice to produce set aside Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) Category: Interlocutory applications Parties: Fiona Marie-Therese Donnelly - appellant Australia and New Zealand Banking Group Ltd - first respondent ANZ Asia Ltd - second respondent Representation: Counsel: K Ryan - appellant A Vetrova - respondents Solicitors: Gadens Lawyers - respondents File Number(s): CA 2013/372887 Publication restriction: No Decision under appeal Citation: Australia and New Zealand Banking Group Ltd v Donnelly [2013] NSWSC 1760 Date of Decision: 2013-11-29 00:00:00 Before: Stevenson J File Number(s): SC 2011/305340