KSMC Holdings Pty Ltd t/as Hubba Bubba Childcare on Haig v Bowden (No 2)

[2020] NSWCA 131

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Subpoena
3. › Application to set aside
4. › Whether production oppressive
5. › Whether directed to issues on the pleadings
6. › Whether inconsistent with overriding purpose
7. › Civil Procedure Act 2005 (NSW), s 56
8. › Uniform Civil Procedure Rules 2005 (NSW), r 34.2(1)
1. Practice and Procedure
2. › Notice to produce
3. › Application to set aside
4. › Whether documents relevant to pleaded issues
5. › Whether production oppressive
6. › Civil Procedure Act 2005 (NSW), s 56
1. Practice and Procedure
2. › Costs
3. › Third party costs order
4. › Application under s 98 of the Civil Procedure Act 2005 (NSW)
5. › Scope of permissible discovery in support of application
1. Evidence
2. › Client legal privilege
3. › Advice privilege and litigation privilege
4. › Whether privilege waived by description of documents in costs assessment process
5. › Evidence Act 1995 (NSW), ss 118, 119

Quick Take

Practitioners seeking extensive financial records in support of third-party costs applications should ensure requests are directed to pleaded issues and are proportionate, particularly where the opposing party has already provided detailed affidavit evidence on the relevant matters.