Sayed v National Australia Bank

Sayed (the applicant) sought orders from the Court of Appeal of New South Wales to restrain National Australia Bank (the respondent) from issuing further notices to produce documents and to remove the respondent as a party to the proceedings. The dispute concerned the respondent's alleged involvement in a scheme that caused the applicant loss.

The Court of Appeal was required to determine whether the respondent's notices to produce were an abuse of process, and if so, whether an order should be made to restrain further notices. Additionally, the Court had to consider whether the respondent should be removed as a party to the proceedings, which would effectively mean the applicant's claim against the respondent would be dismissed.

Emmett AJA found that the notices to produce were not an abuse of process. His Honour reasoned that the respondent was entitled to seek discovery of documents relevant to the applicant's case, and the notices issued were a legitimate means of doing so. The Court also determined that there was no basis to remove the respondent as a party, as the applicant had not demonstrated that the respondent's continued participation in the proceedings would be vexatious or an abuse of process.

The application was dismissed.