Donnelly v Australia and New Zealand Banking Group Ltd

In *Donnelly v Australia and New Zealand Banking Group Ltd*, the appellant sought to set aside a notice to produce documents filed by the respondent. The dispute concerned the relevance of the documents sought by the notice to the fact in issue on appeal. The matter was heard by McColl JA.

The primary legal issue before the court was whether the notice to produce sought documents that were relevant to a fact in issue on the appeal. This required an assessment of the scope of discovery permissible at the appellate stage and the criteria for setting aside a notice to produce.

McColl JA reasoned that a notice to produce should only seek documents that are relevant to the issues to be determined by the court. In this instance, the documents sought by the respondent were not considered relevant to the specific grounds of appeal. Consequently, the notice to produce was set aside.

The court ordered that the notice to produce filed on 12 March 2014 be set aside, and that the respondent to the notice of motion pay the costs thereof.