NSW Copying Summons Material - The Legal Standpoint?

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Ralphie

Active Member
24 June 2019
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0
31
I issued a summons to my vehicle's service centre for the diagnostics pertaining to each of the repairs to my car because none was given to me at the time of repair. I want to know what was wrong with my car to warrant the repair.

The vehicle manufacturer, who is the respondent, has asked the Tribunal that I be only allowed to view the documents and not make a copy.

I would have thought that as the vehicle owner, anything that involves my car, I have a right to?

What legal standpoint, or what Act can I quote to win me the right to copies of the summons material? Please and thank you.
 

Tim W

Lawyer
LawTap Verified
28 April 2014
3,817
711
2,894
Sydney
I issued a summons... to my vehicle's service centre for the diagnostics pertaining to each of the repairs to my car because none was given to me at the time of repair. I want to know what was wrong with my car to warrant the repair.
The vehicle manufacturer, who is the respondent, has asked the Tribunal that i be i be only allowed to view the documents and not make a copy.

I would have thought that as the vehicle owner, anything that involves my car, i have a right to?

What legal standpoint, or what Act can i quote to win me the right to copies of the summons material? Please and thankyou.
You obtained a summons on the repairer, but the respondent is the manufacturer?
Sorry... what?
 

Ralphie

Active Member
24 June 2019
8
0
31
You obtained a summons on the repairer, but the respondent is the manufacturer?
Sorry... what?

Thanks Tim for your reply.

Yes, the repairer has the documents but the manufacturer produced the faulty product.

My claim is against the faulty product. It's not the repairers fault the prouct is faulty.

The manufacturer doesn't have the documents in question.
 

Tim W

Lawyer
LawTap Verified
28 April 2014
3,817
711
2,894
Sydney
I would have thought that as the vehicle owner, anything that involves my car, i have a right to?
You'd be mistaken.
What legal standpoint, or what Act can i quote to win me the right to copies of the summons material?
In order to get access to material held by someone else, to use as evidence, you'll need to show the Tribunal (you're in NCAT, right?) that it (the material) would tend to prove some point you're trying to make.
In NCAT, you don't get to use discovery to just go fishing.