James Vos v Macquarie Leasing Pty Limited

James Vos (the applicant) sought leave to appeal from an interlocutory order of the primary judge setting aside a notice to produce. Macquarie Leasing Pty Limited was the respondent. The dispute concerned the validity and appropriateness of the applicant's notice to produce documents.

The primary legal issue before the appellate court was whether leave to appeal should be granted against the interlocutory order. This involved considering whether the appeal raised a matter of principle or whether the notice to produce constituted an abuse of process, as found by the primary judge.

The court dismissed the summons for leave to appeal. It was held that the appeal did not raise a matter of principle, and the primary judge's finding that the notice to produce constituted an abuse of process was upheld. Consequently, the interlocutory order setting aside the notice to produce was affirmed. The applicant was ordered to pay the respondent's costs of the summons for leave to appeal and the costs associated with the notice of motion filed by the first respondent.