CBX2 Pty Limited v National Australia Bank Limited (No 2) [2015] NSWSC 1127

Supreme Court New South Wales

Medium Neutral Citation: CBX2 Pty Limited v National Australia Bank Limited (No 2) [2015] NSWSC 1127 Hearing dates: 6 August 2015 Decision date: 12 August 2015 Jurisdiction: Common Law Before: Button J Decision: (1) The notice to produce of 7 July 2015 in its served form is set aside. (2) The subpoena in its issued form of 30 July 2015 is set aside. (3) Each party must pay its own costs of the motion. Catchwords: PRACTICE AND PROCEDURE – application to set aside notice to produce and subpoena – whether too wide and oppressive – whether legitimate forensic purpose demonstrated – whether client legal privilege waived by recipient of subpoena Legislation Cited: Evidence Act 1995 (NSW), ss 118, 122, 122(3), 122(3)(a), 122(5)(a)(iii), 126 Cases Cited: Akins v Abigroup Ltd (1998) 43 NSWLR 539 Attorney-General for the Northern Territory v Maurice [1986] HCA 80; (1986) 161 CLR 475 Banksia Mortgages Ltd v Croker [2010] NSWSC 535 Harman v Secretary of State for the Home Department [1983] 1 AC 280 Hearne v Street [2008] HCA 36; (2008) 235 CLR 125 Mann v Carnell [1999] HCA 66; (1999) 201 CLR 1 National Australia Bank Ltd v C & O Voukidis Pty Ltd (No 2) [2015] NSWSC 258 Category: Procedural and other rulings Parties: CBX2 Pty Limited (Plaintiff) National Australia Bank Limited (Defendant) Representation: Counsel: A McQuillen (Plaintiff) P Reynolds (Defendant)