James Vos v Macquarie Leasing Pty Limited [2016] NSWCA 299

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: James Vos v Macquarie Leasing Pty Limited [2016] NSWCA 299 Hearing dates: 28 October 2016 Date of orders: 28 October 2016 Decision date: 28 October 2016 Before: Sackville AJA at [16] Barrett AJA at [1] Decision: (1) The summons for leave to appeal is dismissed.

(2) The applicant pay the respondents' costs of the summons for leave to appeal.

(3) Pursuant to Uniform Civil Procedure Rules r 33.4, the whole of the notice to produce filed on, and or served on 21 October 2016 by the applicant be set aside on the ground that the notice to produce constitutes an abuse of process of the Court.

(4) The applicant pay the first respondent's costs of, and incident to, the notice of motion filed on 27 October 2016. Catchwords: PROCEDURE – interlocutory order setting aside notice to produce – leave to appeal against that order sought – no matter of principle Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Adam P Brown Male Fashions Pty Ltd v Philip Morris Inc (1981) 148 CLR 170; [1981] HCA 39 Baxter v Obacelo Pty Ltd (2001) 205 CLR 635; [2001] HCA 66 House v The King (1936) 55 CLR 499; [1936] HCA 40 New South Wales v Mulcahy [2006] NSWCA 303 Category: Principal judgment Parties: James Vos (Applicant) Macquarie Leasing Pty Limited (First Respondent) Specialized Towing Pty Ltd (Second Respondent) Rachael Lauren Hartfield (Third Respondent) Absolute Towing Pty Ltd (Fourth Respondent) T & R Hartfield Pty Ltd ATF The Harfield Family Trust (Fifth Respondent) Travis Bogle Hartfield (Sixth Respondent) Representation: Counsel: Mr B DeBuse (Applicant) Mr R Glover (First Respondent) Mr R Hartfield (on behalf of Second to Sixth Respondents)