Shop, Distributive and Allied Employees Association
[2025] FWC 2906
…[9] Atlanta Building Pty Ltd v Abela [2024] NSWSC 1193 (McGrath J), [70], citing Azzi v Volvo [2006] NSWSC 283, (Brereton J), [4]; CEPU v Fredon Industries [2021] FWCFB 128 (Hatcher VP, Gostencnik, DP, and Mansini DP), [19]; Portal Software v Bodsworth [2005] NSWSC 1115, [28]-[29]; SPI Electricity Pty Ltd v Communi…
Altarawneh v Charles Sturt University
[2025] NSWCATAD 116
Para 8
…ts and would unduly impinge upon a party’s preparation for conduct of, the proceedings: Tony Azzi Automobiles Pty Ltd v Volvo Car Australia Pty Ltd [2006] NSWSC 283 at [8].…
David William Pallas & Julie Ann Pallas as trustees for the Pallas Family Superannuation Fund v Lendlease Corporation Limited (No 2)
[2025] NSWSC 7
…ivil Procedure Act 2005 (NSW) ss 56, 57, 58 Uniform Civil Procedure Rules 2005 (NSW) rr 21.9, 21.10 Cases Cited: Azzi v Volvo [2006] NSWSC 283 David William Pallas & Julie Ann Pallas as trustees for the Pallas Family Superannuation Fund v Lendlease Corporation Ltd (2023) 114 NSWLR 81; [2024] NSWCA 83 Foord v Brock…
Mr David Weule v Central Queensland Services Pty Ltd
[2025] FWC 120
…[20] Atlanta Building Pty Ltd v Abela [2024] NSWSC 1193 (McGrath J), [70], citing Azzi v Volvo [2006] NSWSC 283, Brereton J, [4]; CEPU v Fredon Industries [2021] FWCFB 128 (Hatcher VP, Gostencnik, DP, and Mansini DP), [19]; Portal Software v Bodsworth [2005] NSWSC 1115, [28]-[29]; SPI Electricity Pty Ltd v Communic…
Twigg v Pitcher Partners Holdings Pty Ltd (No 5)
[2024] NSWSC 1295
Para 14
…zzi (Automobiles) Pty Ltd v Volvo Car Australia Pty Ltd [3] and the later decision of Robb J in G H Varley Pty Ltd v GCG Distribution Pty Ltd. [4] 3. [2006] NSWSC 283. 4. [2022] NSWSC 514.…
Atlanta Building Pty Ltd v Abela
[2024] NSWSC 1193
Para 70
…d that the grounds on which a notice to produce may be set aside are the same as those which justify the setting aside of a subpoena. In Azzi v Volvo [2006] NSWSC 283, Brereton J at [4] conveniently collected the relevant authorities on this principle, saying as follows:…
Classic Constructions (Aust) Pty Ltd v Shearman (No 4)
[2024] ACTSC 289
…Azzi v Volvo [2006] NSWSC 283…
Australian Muslim Welfare Centre Inc v Campbelltown City Council
[2024] NSWLEC 102
Para 24
…t apply to the setting aside of subpoenas are generally applicable to notices to produce: Tony Azzi Automobiles Pty Ltd v Volvo Car Australia Pty Ltd [2006] NSWSC 283 at [4] (Brereton J).…
JKC Australia LNG Pty Ltd v AkzoNobel NV (No 7)
[2024] FCA 723
Para 9
…width of the categories requested is too broad or the categories are not described with adequate specificity ( Tony Azzi Automobiles Pty Ltd v Volvo [2006] NSWSC 283 at [20], Sportsbet Pty Ltd v New South Wales (No 9) [2010] FCA 31).…
Commissioner of State Revenue v McCabe
[2024] FCA 496
Para 9
…ew many documents, especially if it is unlikely the documents will be relevant to the issues in dispute: Azzi v Volvo [2006] NSWSC 283 at [6]-[7] (Brereton J). (Emphasis in original and footnote omitted). Consideration…
Contara Pty Ltd v Sydney Metro; Alogdellis v Sydney Metro
[2024] NSWLEC 38
Para 37
…rn Pacific Hotels Inc v Southern Pacific Hotel Corporation Ltd [1984] 1 NSWLR 710 ( Southern Pacific Hotels ) at 719-720 (Clarke J), Azzi v Volvo [2006] NSWSC 283 at [6] (Brereton J). The costs prejudice to a party complying with the subpoena may be mitigated, Southern Pacific Hotels at 720. There is no rule that a…
Health Administration Corporation v Toll Global Forwarding Pty Ltd
[2024] NSWSC 285
Para 99
…y Ltd [2020] NSWSC 620 at [34] per Ward CJ in Eq (as her Honour then was); see also Tony Azzi (Automobiles) Pty Ltd v Volvo Car Australia Pty Ltd [2006] NSWSC 283 at [4] per Brereton J (in the context of what seemed to be a r 21.10 notice).…
Transport for NSW v Boensch (No 2)
[2023] NSWSC 1354
Para 111
…Where a notice to produce is otherwise valid, it may still be set aside if it is oppressive. As Brereton J said in Azzi v Volvo [2006] NSWSC 283 at [6]:…
Colquhoun-Denvers v Yunghanns (Notice to Produce)
[2023] VSC 583
…not oppressive, overly broad or prejudicial – Tony Azzi Automobiles Pty Ltd v Volvo Car Australia Pty Ltd [2006] NSWSC 283 applied – Application dismissed.…
Lift Shop Pty Ltd v Next Level Elevators Pty Ltd (No 2)
[2023] FedCFamC2G 268
Para 33
…In Tony Azzi (Automobiles) Pty Ltd v Volvo Car Australia Pty Limit ed [2006] NSWSC 283 at [11] Brereton J, in the context of then recent changes to the Uniform Civil Procedure Rules limiting the right to general discovery, and providing for discovery by reference to classes, observed: However, in my opinion, this d…
Sader v Elgammal
[2023] NSWLEC 21
Para 29
…apply to the setting aside of subpoenas are generally applicable to notices to produce: Tony Azzi (Automobiles) Pty Ltd v Volvo Car Australia Pty Ltd [2006] NSWSC 283 at [4] (Brereton J).…
Harford & Spalding
[2023] FedCFamC1F 5
Para 13
…th of the categories requested is too broad or the categories are not described with adequate specificity ( Tony Azzi Automobiles Pty Ltd v Volvo [2006] NSWSC 283 at [20], Sportsbet Pty Ltd v New South wales (No 9) [2010] FCA 31).…
G H Varley Pty Ltd v GCG Distribution Pty Ltd
[2022] NSWSC 514
Para 11
…e purpose of the rules in limiting discovery to specified classes. It would amount to using a notice to produce to obtain discovery: see Azzi v Volvo [2006] NSWSC 283 at [11] (Brereton J, as his Honour then was).…
Wan v BT Funds Management Limited
[2022] FCA 302
Para 16
…it was unreasonable for the Trustee to be expected to comply with the Notice to Produce in those circumstances: Tony Azzi Automobiles Pty Ltd v Volvo [2006] NSWSC 283 at [8] (Brereton J); Construction Forestry, Mining and Energy Union v BHP Coal Pty Ltd (No 3) [2012] FCA 61 at [7] (Collier J).…
Roberts-Smith v Fairfax Media Publications Pty Limited (No 27)
[2022] FCA 79
Para 17
…produce as a substitute for discovery or to seek to go behind an affidavit of discovery ( Tony Azzi Automobiles Pty Ltd v Volvo Car Australia Pty Ltd [2006] NSWSC 283 at [4]–[13]; Construction, Forestry, Mining and Energy Union v BHP Coal Pty Ltd (No 3) [2012] FCA 61 at [6] and [11]). However, the position is that…
In the matter of Fogo Brazilia Holdings Pty Ltd (in liq)
[2021] NSWSC 580
Para 6
…ee of apparent relevance to issues in the proceedings against the likely cost or burden of production; see for example Azzi v Volvo [2006] NSWSC 283 at [6], per Brereton J, as his Honour then was; and Rinehart at [49]). (See generally on the issue: In the matter of One.Tel Ltd (in liq) – Singtel Optus Pty Ltd v Wes…
In the matter of Fogo Brazilia Holdings Pty Ltd (in liq)
[2021] NSWSC 242
Para 6
…ee of apparent relevance to issues in the proceedings against the likely cost or burden of production; see for example Azzi v Volvo [2006] NSWSC 283 at [6], per Brereton J, as his Honour then was; and Rinehart at [49]). (See generally on the issue: In the matter of One.Tel Ltd (in liq) – Singtel Optus Pty Ltd v Wes…
Epic Games, Inc v Apple Inc (Notice to Produce)
[2021] FCA 165
Para 12
…MEU) v BHP Coal Pty Ltd (No 3) [2012] FCA 61 at [6] per Collier J, citing Tony Azzi (Automobiles) Pty Limited v Volvo Car Australia Pty Limited [2006] NSWSC 283 at [20] per Brereton J and Sportsbet Pty Ltd v New South Wales (No 9) [2010] FCA 31.…
Plus One International Pty Ltd v Ching
[2020] NSWSC 939
Para 4
…ing the degree of apparent relevance to issues in the proceedings against the likely cost or burden of production; see for example Azzi v Volvo [2006] NSWSC 283 at [6], per Brereton J, as his Honour then was; and Rinehart at [49]). (See generally on the issue: In the matter of One.Tel Ltd (in liq) – Singtel Optus P…
Jack v CoreStaff NT Pty Ltd
[2020] FCA 973
Para 6
…f the categories requested is too broad or the categories are not described with adequate specificity ( Tony Azzi Automobiles Pty Ltd v Volvo [2006] NSWSC 283 at [20], Sportsbet Pty Ltd v New South Wales (No 9) [2010] FCA 31). [24] The question whether the documents are sufficiently relevant to justify production i…
Elanor Operations Pty Ltd v Chief Commissioner of State Revenue
[2020] NSWSC 840
Para 44
…ing the degree of apparent relevance to issues in the proceedings against the likely cost or burden of production; see for example Azzi v Volvo [2006] NSWSC 283 at [6], per Brereton J, as his Honour then was; and Rinehart at [49]). (See generally on the issue: In the matter of One.Tel Ltd (in liq) – Singtel Optus P…
Petrie v Ingogo Ltd
[2020] NSWDC 291
Para 21
…NSW) and to analysis of the differences between discovery by category and general discovery, as set out in Azzi & Ors v Volvo Car Australia Pty Ltd [2006] NSWSC 283, Brereton J, where his Honour explained the circumstances in which courts would hear arguments as to categories:…
Overdean Developments Pty Ltd v Garslev Holdings Pty Ltd
[2020] NSWSC 670
Para 17
…s to whether the documents falling within the categories even exist. This is not permitted by UCPR r 34.1: see, for example, Azzi v Volvo [2006] NSWSC 283.…
Xinfeng Australia International Investment Pty Ltd v GR Capital Group Pty Ltd
[2020] NSWSC 620
Para 34
…was, in Portal Software International Pty Ltd v Bodsworth [2005] NSWSC 1115 at [10]; and Tony Azzi Automobiles Pty Ltd v Volvo Car Australia Pty Ltd [2006] NSWSC 283 at [4]).…
FUD18 v Minister for Home Affairs
[2019] FCA 1858
Para 23
…th of the categories requested is too broad or the categories are not described with adequate specificity ( Tony Azzi Automobiles Pty Ltd v Volvo [2006] NSWSC 283 at [20], Sportsbet Pty Ltd v New South Wales (No 9) [2010] FCA 31).…
Verde Terra Pty Ltd v Central Coast Council
[2019] NSWLEC 166
Para 70
…pply to the setting aside of subpoenas are generally applicable to notices to produce ( Tony Azzi (Automobiles) Pty Ltd v Volvo Car Australia Pty Ltd [2006] NSWSC 283 at [4] per Brereton J). Therefore, a notice to produce can be set aside on the grounds of oppression, especially if the notice is served in close tem…
Tucker v State of Victoria (Notice to Produce)
[2019] VSC 689
Para 1
…. It is however a factor to take into account in the mix of factors to consider.[6] [5] Tony Azzi (Automobiles) Pty Ltd v Volvo Car Australia Pty Ltd [2006] NSWSC 283, [8] (per [6] Civil Procedure Act 2010 (Vic) (‘ CPA ’) s 9(2) sets out the factors a court may have regard to in furthering the overarching purpose o…
Black Hill Residents Group Incorporated v Marist Youth Care Limited
[2019] NSWLEC 112
Para 14
…oners already deeply immersed in trial preparation, may be unreasonable if not vexatious: Tony Azzi Automobiles Pty Ltd v Volvo Car Australia Pty Ltd [2006] NSWSC 283 (‘ Azzi ’) at [8]. I consider that the Notice to Produce, being served late in the matter and requiring some not insignificant inconvenience to Maris…
McAlister v Yara Australia Pty Ltd
[2019] FCCA 2013
Para 6
…dth of the categories requested is too broad or the categories are not described with adequate specificity (Tony Azzi Automobiles Pty Ltd v Volvo [2006] NSWSC 283 at [20], Sportsbet Pty Ltd v New South Wales (No 9) [2010] FCA 31).…
Re Estates Brooker-Pain and Soulos
[2019] NSWSC 671
Para 36
…e Rules in 2005: JP Hamilton, “Nuts and Bolts for Judicial Officers” in Lindsay (ed), The Handbook (Law Book Co., 2005) at [9.2200]; Azzi v Volvo [2006] NSWSC 283 at [10]. This is consistent with the development of case management theory which informs practice governed by the CPA and the UCPR. Questions about “disc…
1045 Burke Rd Pty Ltd v Bosi
[2018] VSC 157
Para 1
…inery [2007] VSC 214 [31]; Bailey v Beagle Management Pty Ltd (2001) 105 FCR 136. [21]See Tony Azzi Automobiles Pty Ltd v Volvo Car Australia Pty Ltd [2006] NSWSC 283; Construction, Forestry, Mining and Energy Union v BHP Coal Pty Ltd (No 3) [2012] FCA 61 [7].…
Mizuho Bank Ltd v Ackroyd (No 3)
[2018] NSWSC 54
Para 11
…st apply to a notice to produce) “which seeks documents which could have been the subject of discovery is an abuse of process” ( Azzi v Volvo [2006] NSWSC 283 (Brereton J) at [14] and [11] respectively).…
Randren House Pty Ltd v Water Administration Ministerial Corporation
[2017] NSWLEC 151
Para 32
…on for and conduct of the trial’, it may be unreasonable and vexatious”: citing Tony Azzi (Automobiles) Pty Ltd v Volvo Car Australia Pty Ltd [2006] NSWSC 283 at [8]. Moreover, the Respondents emphasised that, in judicial review proceedings, the Court will only make directions for formal discovery in exceptional ci…
In the matter of Felan's Fisheries Pty Limited
[2017] NSWSC 1347
Para 39
…Mr Kidd, who appears for the Directors, refers to Azzi v Volvo [2006] NSWSC 283 at [11] which, I accept, supports his submission that it is not open to a party to subpoena a class of documents that had previously been excluded from discovery, since that would otherwise defeat the purpose of the rules in limiting di…
ACN 096 450 770 (formerly AJH Lawyers Pty Ltd) v Mathieson Nominees & Anor
[2017] VSC 559
Para 1
…[29] Crown Joinery, [31]; Bailey v Beagle Management Pty Ltd (2001) 105 FCR 136. [30]See Tony Azzi Automobiles Pty Ltd v Volvo Car Australia Pty Ltd [2006] NSWSC 283; Construction, Forestry, Mining and Energy Union v BHP Coal Pty Ltd (No 3) [2012] FCA 61 at [7].…
Sayour v Elliott
[2017] NSWSC 713
Para 103
…email account (including deleted emails) is in effect an application for general discovery. The plaintiffs note in this regard that in Azzi v Volvo [2006] NSWSC 283 Brereton J held (at [4]) that notices to produce may be set aside in the circumstances and on the grounds equivalent to the setting aside of subpoenas,…
North Shore Real Estate Pty Ltd v Real Estate Property Management Services Pty Ltd
[2017] NSWDC 44
Para 5
…Produce to the court may be set aside in circumstances and on grounds equivalent to those applicable to the setting aside of subpoenas: Azzi v Volvo [2006] NSWSC 283 at [4]. In Azzi , Justice Brereton at [4] referred to the grounds upon which a subpoena could be set aside and stated that these included:…
Edt Global Pty Ltd v Entire Building Solutions Pty Ltd
[2017] NSWDC 51
Para 8
…that the notices to produce, in effect subpoenas addressed to the other parties in the proceedings, require further discovery. In Azzi & Ors v Volvo [2006] NSWSC 283, Brereton J had to deal with a case in which discovery had been given and subsequently notices to produce were served. Commencing at [9], his Honour…
Commonwealth Bank v Iinvest
[2017] NSWSC 429
Para 5
…ing a notice to produce to obtain further discovery was impermissible. That is to say, in accordance with Brereton J's decision in Azzi & Ors v Volvo [2006] NSWSC 283, the grounds for setting aside a notice to produce include the grounds on which a subpoena to produce documents may be set aside. And it is well esta…
Nettleton v Rondeau
[2015] NSWSC 1490
Para 27
…ety of the plaintiff’s assets and, as such, was both burdensome and oppressive: Tony Azzi Automobiles Pty Limited v Volvo Car Australia Pty Limited [2006] NSWSC 283 at [8]. Whilst senior counsel conceded that the extent of the plaintiff’s residual earning capacity was clearly an issue in the case, he submitted that…
Pace v State of New South Wales
[2015] NSWIC 7
Para 13
…en amended to limit the availability of discovery to classes agreed by the parties or determined by the court. As Brereton J observed in Azzi v Volvo [2006] NSWSC 283 (“ Azzi ”) at [10]:…
McGrath v HNSW Pty Limited (No 2)
[2015] FCA 442
Para 22
…Counsel for the applicants, Mr Spencer, referred to Azzi v Volvo [2006] NSWSC 283 at [11] (“ Azzi ”) as authority for the general proposition that a subpoena which seeks documents that could have been the subject of discovery is an abuse of process. A notice to produce is relevantly analogous to a subpoena: Azzi at…
Fair Work Ombudsman v Lifestyle SA Pty Ltd (No 2)
[2014] FCA 1152
Para 6
…th of the categories requested is too broad or the categories are not described with adequate specificity ( Tony Azzi Automobiles Pty Ltd v Volvo [2006] NSWSC 283 at [20], Sportsbet Pty Ltd v New South Wales (No 9) [2010] FCA 31).…
Agricultural Equity Investments Pty Ltd v Westlime Pty Ltd (No 2)
[2014] NSWLEC 53
Para 1
…s been permitted for production, the more orthodox principles with respect to setting aside subpoenas also apply to notices to produce ( Azzi v Volvo [2006] NSWSC 283 at [4]). These were recently restated by the Court in Agricultural Equity Investments Pty Ltd v Westlime Pty Ltd [2013] NSWLEC 122 (at [34]-[39]).…
Wingecarribee Shire Council v O'Shanassy (No 2)
[2014] NSWLEC 32
Para 1
…lly described some of the circumstances in which a subpoena or a notice to produce, which is relevantly subject to the same principles ( Azzi v Volvo [2006] NSWSC 283 at [4]), will be liable to be set aside on the basis that no legitimate forensic purpose can be established (at [20]-[21]):…