North Shore Real Estate Pty Ltd v Real Estate Property Management Services Pty Ltd [2017] NSWDC 44

District Court New South Wales

Medium Neutral Citation: North Shore Real Estate Pty Ltd v Real Estate Property Management Services Pty Ltd [2017] NSWDC 44 Hearing dates: 6 March 2017 – 7 March 2017 Date of orders: 14 March 2017 Decision date: 14 March 2017 Jurisdiction: Civil Before: Dicker SC DCJ Decision: (1) Paragraphs 2, 3, 4 and 15 of the Notice to Produce dated and filed on 7 October 2016 are set aside and LJ Hooker is excused from compliance with those paragraphs; (2) Paragraphs 1 and 2 of the Notice of Motion filed 24 October 2016 are otherwise dismissed; (3) The court will hear the parties in relation to the costs of the Notice of Motion. Catchwords: Practice and procedure – Notice to Produce to the Court – principles relating to setting aside paragraphs of a Notice to Produce – apparent relevance of documents Legislation Cited: Uniform Civil Procedure Rules Australian Consumer Law Cases Cited: Azzi v Volvo [2006] NSWSC 283 ICAP Australia Pty Ltd v BGC Partners (Australia) Pty Ltd [2009] NSWCA 307 Lane v Registrar of Supreme Court of New South Wales (1981) 148 CLR 245 Portal Software International Pty Ltd v Bodsworth [2005] NSWSC 1115 Patonga Beach Holdings Pty Ltd v Lyons [2009] NSWSC 869 Category: Procedural and other rulings Parties: North Shore Real Estate Pty Ltd ABN 74153648625 (Plaintiff; First Cross-Defendant to the First Cross-Claim) Real Estate Property Management Services Pty Ltd (Defendant; First Cross-Claimant to the First Cross-Claim; First Defendant to the Second-Cross Claim) Leonard David Resnekov (Second Cross-Defendant to the First Cross-Claim) Stephen James Hankins (Third Cross-Defendant to the First Cross-Claim) MC Business Broking Pty Ltd ACN 158 225 873 (Fourth Cross-Defendant to the First Cross-Claim) LJ Hooker Franchising Limited ACN 003 890 453 (Fifth Cross-Defendant to the First Cross-Claim; First Cross-Claimant to the Second Cross-Claim) Representation: Counsel: J Korman (Defendant and Cross-Claimant) D Moujalli (Fifth Cross-Defendant)