The Checkout Pty Ltd v Cordell Jigsaw Productions Pty Ltd (No 9)

[2021] NSWSC 714

Supreme Court

New South Wales

• Amendment notes

Medium Neutral Citation:

The Checkout Pty Ltd v Cordell Jigsaw Productions Pty Ltd (No 9) [2021] NSWSC 714

Hearing dates:

8 June 2021 and submissions received 16 June 2021

Decision date:

17 June 2021

Jurisdiction:

Equity - Commercial List

Before:

Stevenson J

Decision:

Defendants to respond to Notice to Produce as set out in attached Schedule

Catchwords:

PRACTICE AND PROCEDURE – disclosure – notice to produce

Cases Cited:

The Checkout Pty Ltd v Cordell Jigsaw Productions Pty Ltd (No 2) (Supreme Court (NSW), Stevenson J, 17 September 2020, unrep)

The Checkout Pty Ltd v Cordell Jigsaw Productions Pty Ltd (No 3) [2020] NSWSC 1364

The Checkout Pty Ltd v Cordell Jigsaw Productions Pty Ltd (No 4) (Supreme Court (NSW), Stevenson J, 14 October 2020, unrep)

The Checkout Pty Ltd v Cordell Jigsaw Productions Pty Ltd (No 5) [2020] NSWSC 1516

The Checkout Pty Ltd v Cordell Jigsaw Productions Pty Ltd (No 6) [2020] NSWSC 1820

The Checkout Pty Ltd v Cordell Jigsaw Productions Pty Ltd (No 7) [2020] NSWSC 1883

The Checkout Pty Ltd v Cordell Jigsaw Productions Pty Ltd (No 8) [2021] NSWSC 703

The Checkout Pty Ltd v Cordell Jigsaw Productions Pty Ltd [2020] NSWSC 1238

Category:

Procedural rulings

Parties:

The Checkout Pty Ltd (First Plaintiff)
Giant Dwarf Pty Ltd (Second Plaintiff)
Julian Francis Xavier Morrow (Third Plaintiff)
Cordell Jigsaw Productions Pty Ltd (First Defendant)
Nicholas Harvey Murray (Second Defendant)

Representation:

Counsel:
C O’Neill (Plaintiffs)
B F Katekar SC (Defendants)

Solicitors:
Kay & Hughes (Plaintiffs)
Bird & Bird (Defendants)

File Number(s):

SC 2019/343896

Judgment

1. The background to these proceedings is set out in the judgment of Henry J in The Checkout Pty Ltd v Cordell Jigsaw Productions Pty Ltd [1] and in the judgments that I have published in relation to these proceedings since then[2] .

   1. [2020] NSWSC 1238.

   2. The Checkout Pty Ltd v Cordell Jigsaw Productions Pty Ltd (No 2) (Supreme Court (NSW), Stevenson J, 17 September 2020, unrep); The Checkout Pty Ltd v Cordell Jigsaw Productions Pty Ltd (No 3) [2020] NSWSC 1364; The Checkout Pty Ltd v Cordell Jigsaw Productions Pty Ltd (No 4) (Supreme Court (NSW), Stevenson J, 14 October 2020, unrep); The Checkout Pty Ltd v Cordell Jigsaw Productions Pty Ltd (No 5) [2020] NSWSC 1516; The Checkout Pty Ltd v Cordell Jigsaw Productions Pty Ltd (No 6) [2020] NSWSC 1820; The Checkout Pty Ltd v Cordell Jigsaw Productions Pty Ltd (No 7) [2020] NSWSC 1883; The Checkout Pty Ltd v Cordell Jigsaw Productions Pty Ltd (No 8) [2021] NSWSC 703.

2. The dispute is between Mr Julian Morrow and Mr Nicholas Murray, and their associated companies (Giant Dwarf Pty Ltd in the case of Mr Morrow, and Cordell Jigsaw Productions Pty Ltd in the case of Mr Murray). The dispute concerns the circumstances of which Mr Morrow and his associated company ceased to be involved in the production of the television series “The Checkout” for the Australian Broadcasting Corporation (“ABC”).

3. For simplicity, I will refer simply to Mr Morrow and Mr Murray.

4. On 16 April 2021 Mr Morrow served on Mr Murray a Notice to Produce calling for 43 categories of documents.

5. On 14 May 2021 Mr Murray filed a Notice of Motion seeking to set aside the Notice to Produce.

6. I directed the parties to prepare a schedule, in the nature of Scott Schedule, setting out their competing contentions in regard to the documents sought in that Notice to Produce and stated that I would resolve the dispute by completing that schedule setting out my decision in relation to each category of documents.

7. I attach to these reasons the Schedule  which I have completed by stating whether I allow or disallow the various paragraphs of the Notice to Produce. (Schedule re Notice to Produce (410427, pdf))

8. Mr Murray has been substantially successful in relation to that exercise.

9. Accordingly, Mr Murray should have his costs of his Notice of Motion of 14 May 2021.

10. I make the following orders:

1. Order that the defendants respond to the plaintiffs’ Notice to Produce of 16 April 2021 in accordance with the decisions recorded in the Schedule attached to these reasons.

2. Order that the plaintiffs pay the defendants’ costs of the defendants’ Notice of Motion filed 14 May 2021.

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Endnotes

Amendments

18 June 2021 - Name corrected in [9].