Norris v Kandiah

Case [2007] NSWSC 1296


CITATION: Norris v Kandiah [2007] NSWSC 1296
HEARING DATE(S): 26 October 2007
JURISDICTION: Equity Division
JUDGMENT OF: Brereton J
EX TEMPORE JUDGMENT DATE: 26 October 2007
DECISION: Notice to Produce set aside.
CATCHWORDS: PROCEDURE – Discovery of documents – Notice to Produce for inspection – distinction from notice to produce to court – requirement for “specific document clearly identified” - relevance
LEGISLATION CITED: (NSW) Uniform Civil Procedure Rules 2005, r 21.11
CASES CITED: A Pty Ltd v Z [2007] NSWSC 899.
Penrith Rugby League Club Ltd v Brown [2004] NSWSC 1182
PARTIES: Geoffrey Norris (plaintiff/cross-defendant)
Nagasothey Kandiah (defendant/cross-claimant)
FILE NUMBER(S): SC 3927/07
COUNSEL: R Horsley (plaintiff/cross-defendant)
G Rich (defendant/cross-claimant)
SOLICITORS: S T Krishnar (plaintiff/cross-defendant)
Harish Prasad & Associates (defendant/cross-claimant)

IN THE SUPREME COURT
OF NEW SOUTH WALES
EQUITY DIVISION

BRERETON J

Friday 26 October 2007

3927/07 Geoffrey Norris v Nagasothey Kandiah

JUDGMENT (ex tempore)

1 HIS HONOUR: On 12 October 2007 the defendant served on the plaintiff a Notice to Produce under (NSW) Uniform Civil Procedure Rules 2005, r 21.11, claiming production of the following:

          1. All files, letters of demand, settlement statements, memoranda and other documents relating to the sale of any property owned by the plaintiff either solely or with any other person from 30 June 2004 to date.

          2. All original and copy correspondence received by the plaintiff and/or your wife from and/or to Domain Financial Services Pty Limited between 30 June 2005 and to date.

          3. All original and copy correspondence, notice or other document to or from Perpetual Trustee Victoria Ltd between 30/06/05 and to date.

          4. Copies of all taxation returns and assessments, profit and loss statements, balance sheets in relation to the financial affairs or interests of the plaintiff from 30 June 2004 to date.

          5. All correspondence between the plaintiff and the Australian Taxation Office from 30 June 2000 to date.

          6. All notices of default, letters of demand, statements of account and other correspondence received by or on behalf of the plaintiff from 1 January 2005 to date.

          7. All notices and correspondence and letters of demand and notices relating to the overdue payment of water and council rights and strata levies in respect of all properties owned by the plaintiff from 1 January 2005 to date.

          8. All rental statements and other correspondence in relation to the management
          and/or rental of any property owned wholly or partly by the plaintiff including property outside Australia from 1 January 2005 to date.

          9. All periodic statements, letters of demand, notices of default and correspondence with credit suppliers and including the following from 30 June 2005 to date:
          a. Visa One
          b. NAB Visa
          c. Myers store card
          d. Buyers Edge
          e. G E Credit

          10. All bank, building society and other financial statements, deposit books and cheque butts in relation to all accounts held or operated by plaintiff either alone or with any other person from 1 January 2005 to date.

          11. All correspondence to and/or from the solicitor acting…

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Norris v Kandiah [2007] NSWSC 1296
Case
[2007] NSWSC 1296
Decision Date

CaseChat Overview and Summary

The case of Norris v Kandiah involved the plaintiff, Norris, suing the defendant, Kandiah, for an alleged breach of contract. The dispute centred on the defendant's failure to produce documents that the plaintiff claimed were necessary to establish the contract's terms and conditions. The matter was heard in the Supreme Court of New South Wales. The plaintiff sought an order under section 28 of the Civil Procedure Act 2005 for the defendant to produce specific documents for inspection, which the defendant refused, arguing that the notice was invalid.

The primary legal issue the court had to address was whether the notice to produce for inspection required a specific document to be clearly identified. The plaintiff argued that the notice was valid and that the defendant had failed to comply with the order. The defendant contended that the notice was defective as it did not specify the document to be produced with the requisite clarity, and thus, the order should be quashed. The court had to determine the standard of specificity required in a notice to produce documents for inspection, as opposed to a notice to produce documents to court.

The court found that the notice to produce for inspection did not need to specify a document with the same level of precision as a notice to produce to court. Instead, the notice must indicate the document with sufficient clarity to enable the other party to locate it. The court held that the notice in question met this standard as it provided enough detail for the defendant to identify the documents in question. Consequently, the defendant's application to quash the order was dismissed. The court ordered the defendant to produce the documents for inspection within the specified timeframe.

Orders

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

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Ratio Decidendi

Legal Principle Established

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