The Court set aside notices to produce served on ICAC and the State of NSW on multiple grounds: the notices lacked legitimate forensic purpose because the plaintiff's claims could be determined from documents already available; the notices sought classes of documents rather than specific identified documents as required by UCPR r 21.10; production would breach s 111(2) and (3) of the ICAC Act which prohibits ICAC officers from producing documents acquired in the exercise of their functions except for prosecutions or disciplinary proceedings; and the notice served on the State was oppressive given the breadth of searches required (estimated cost exceeding $135,000) relative to the tenuous relevance of the documents sought.
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