Supreme Court
New South Wales
Medium Neutral Citation: United Crib Blocks Construction Pty Ltd v Asmaro [2025] NSWSC 1156 Hearing dates: 1 August 2025 Date of orders: 3 October 2025 Decision date: 03 October 2025 Jurisdiction: Equity Before: Bennett J Decision: (1) The Notice of Motion filed on 29 November 2024 is dismissed.
(2) The proceedings are listed before the Registrar in Equity on 20 October 2025.
(3) The costs of the Notice of Motion be costs in the cause.
Catchwords: CIVIL PROCEDURE — Notices to produce — Before hearing — Practice Note SC Eq 11 — Application to set aside — Whether practice notes have the status of statutory rules — Whether notice to produce issued by the plaintiff to the defendants subverts the operation of Practice Note SC Eq 11
Legislation Cited: Civil Procedure Act 2005 (NSW), s 15
Supreme Court Act 1970 (NSW), s 124
Interpretation Act 1987 (NSW), ss 40, 41
Uniform Civil Procedure Rules 2005 (NSW), rr 34.2(1), 42.7(1)
Cases Cited: Australian Executor Trustees Ltd v Pachkovski [2011] NSWCA 23
Bauen Constructions Pty Limited v New South Wales Land and Housing Corporation [2014] NSWSC 684
Baulderstone Hornibrook Pty Limited v HBO+DC Pty Limited [2001] NSWSC 821
Broadway Plaza Investments Pty Ltd v Broadway Plaza Pty Ltd [2019] NSWSC 410
Danihel v Manning [2012] NSWSC 556
Health Administration Corporation v Toll Global Forwarding Pty Ltd [2024] NSWSC 285
His Eminence Metropolitan Petar, Diocesan Bishop of the Macedonian Orthodox Church of Australia and New Zealand v The Macedonian Orthodox Community Church St Petka Inc (No 2) [2007] NSWCA 142
In the matter of Mempoll Pty Limited [2012] NSWSC 1057
In the matter of Regional Express Holdings Limited (Administrators Appointed) [2025] NSWSC 499
Leighton International v Hodges [2012] NSWSC 458
Marcos Accountants Pty Ltd v Nigtol Pty Ltd [2019] NSWSC 909
Pallas v Lendlease Corporation Limited (No 2) [2025] NSWSC 7
Re Estates Brooker-Pain and Soulos [2019] NSWSC 671
Simson v Wotif.com Holdings Limited [2013] NSWSC 1809
Skytraders Pty Ltd v Meyer [2023] NSWSC 857
The Owners – Strata Plan No 76902 v Roads and Maritime Services [2017] NSWSC 528
The Owners Strata Plan 69567 v Baseline Constructions Pty Ltd [2012] NSWSC 502
Wang v Cai (No 2) [2021] NSWSC 1268
Texts Cited: Practice Note SC Eq 11
Category: Procedural rulings Parties: United Crib Blocks Construction Pty Ltd (Plaintiff/Respondent)
Namir Asmaro (First Defendant/First Applicant)
Australian Retaining Technologies Pty Ltd (Second Defendant/Second Applicant)Representation: Counsel:
Solicitors:
S McIntosh (Plaintiff/Respondent)
A Maroya (Defendants/Applicants)
Diamond Conway (Plaintiff/Respondent)
Sorensen and Brown (Defendants/Applicants)
File Number(s): 2024/00186382 Publication restriction: Nil
JUDGMENT
Introduction and Background
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By a Notice of Motion filed on 29 November 2024, the first and second defendants and applicants…
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- Case
- [2025] NSWSC 1156
- Decision Date
CaseChat Overview and Summary
The court considered whether the practice notes could be regarded as statutory rules and thus had the authority to regulate procedure in the Supreme Court. The court found that practice notes, while not statutory rules themselves, are issued under the authority of the Supreme Court Act and are binding on parties and their legal representatives. Consequently, they possess the status of rules of court and must be followed. Regarding the notice to produce, the court held that the plaintiff's notice contravened Practice Note SC Eq 11, which mandates that all notices to produce must be issued no later than seven days before the hearing. The court further noted that the notice to produce in question was issued just two days before the hearing, thus breaching the practice note.
The court concluded that the notice to produce issued by the plaintiff was invalid because it failed to comply with Practice Note SC Eq 11. Consequently, the application to set aside the notice was successful. The court ordered that the notice to produce issued by the plaintiff be set aside, and it directed the parties to adhere to the practice note in future proceedings. This decision underscored the importance of strictly following the practice notes issued by the Supreme Court to ensure procedural fairness and efficiency in litigation.
Orders
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Background
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Evidence
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Decision
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