Grace v Grace (No 8) [2014] NSWSC 419

Supreme Court New South Wales

Medium Neutral Citation: Grace v Grace (No 8) [2014] NSWSC 419 Hearing dates: 8 April 2014 Decision date: 10 April 2014 Jurisdiction: Equity Division Before: Brereton J Decision: Pursuant to UCPR r 34.2(1), second defendant not required to produce, under paragraph 3 of the plaintiff's notice to produce dated 30 October 2013, bank statements in respect of certain accounts; Time for compliance with notice otherwise extended to 8 May 2014; Second defendant have liberty to apply for any costs of compliance with the notice; Second defendant's motion to set aside para 3 of notice otherwise dismissed with costs (including 75% of the costs of the hearing on 8 April 2014); Second defendant not entitled to rely on form of account unless she has served, a reasonable time before its use, a schedule identifying location of evidence supporting each item in form of account. Catchwords: PROCEDURE - courts and judges generally - courts - application to set aside a notice to produce in part - where notice seeks production of all defendant's bank statements for a period of 17 years - whether notice being used as a substitute for discovery - held, notice does not seek discovery, nor attempt to circumvent any relevant limitation placed on discovery - whether notice issued for a legitimate forensic purpose - held, notice issued for a legitimate forensic purpose, namely to test veracity of defendant's account - whether notice oppressive - held, notice not unnecessarily wide in time but defendant relieved from compliance in respect of certain accounts which are unlikely to contain relevant evidence Legislation Cited: Uniform Civil Procedure Rules, r 21.10, r 34.1, r 34.2(1) Cases Cited: Broadcast GP [2010] NSWSC 763 Drivetime Radio Australia Pty Ltd v Pivotal Creative Solutions Pty Ltd trading as Westgate Finance v May [2012] NSWSC 806 Grace v Grace (No 7) [2013] NSWSC 1745 Grace v Grace [2012] NSWSC 976 In the Matter of Colorado Products Pty Ltd (In Prov Liq) [2013] NSWSC 392 In the matter of Prismex Technologies Pty Limited; Colin Lindsay Taggert v John Matyear [2013] NSWSC 278 Norris v Kandiah [2007] NSWSC 1296 Owners Strata Plan SP 69567 v Baseline Constructions Pty Ltd [2012] NSWSC 502 Patonga Beach Holdings Pty Ltd v Lyons [2009] NSWSC 869 Category: Interlocutory applications Parties: David Alexander Grace (plaintiff) Deborah Sharon Grace (first defendant) Julienne Grace (second defendant) Nevilda Holdings Pty Ltd (third defendant) Nevilda Investments Pty Ltd (fourth defendant) Dutchie Pty Ltd (sixth defendant) Phoenix Rising Investments Pty Ltd (seventh defendant) Representation: Counsel: Mr D L Williams SC with Mr S Goodman (plaintiff) Mr D Stewart (first, second, seventh defendants) Solicitors: James Tuite & Associates (plaintiff) Clinch Long Letherbarrow Pty Ltd (first, second, seventh defendants) File Number(s): 2006/259566