Westpac Banking Corporation v Southern Environmental Services [2017] NSWSC 330

Supreme Court New South Wales

Medium Neutral Citation: Westpac Banking Corporation v Southern Environmental Services [2017] NSWSC 330 Hearing dates: 15 March 2017 Decision date: 31 March 2017 Jurisdiction: Common Law Before: Button J Decision: (1) The notice to produce issued by the defendants/cross-claimant to the second cross-defendant dated 9 December 2016 is set aside. (2) The defendants/cross-claimant must pay the costs of the second cross-defendant of the notice of motion. Catchwords: CIVIL – PROCEDURE – application to set aside notice to produce – whether legitimate forensic purpose demonstrated – notice to produce set aside Category: Procedural and other rulings Parties: Westpac Banking Corporation (Plaintiff) Southern Environmental Services Pty Ltd (First Defendant/Cross-Claimant) Gyressa Pty Ltd (Second Defendant) Paul Thomas Cambage Wenham (Third Defendant) Gloucester 103 Holdings Pty Ltd (First Cross-Defendant) Klondu Group Pty Limited (Second Cross-Defendant) Representation: Counsel: A Kaufmann (Plaintiff) D Robertson (First Defendant/Cross-Claimant, Second Defendant and Third Defendant) F Roughley (First and Second Cross-Defendants)

Solicitors: Gadens (Plaintiff) Cordato Partners Lawyers (First Defendant/Cross-Claimant, Second Defendant and Third Defendant) DGB Lawyers (First and Second Cross-Defendants) File Number(s): 2015/314296 Publication restriction: Nil