NAB v The Computer Supply Store [2010] NSWSC 851

In this case the borrower sought production from the NAB of the following:

Any document howsoever described evidencing lending procedures, guidelines, required mortgagee documentation and/or policies of the National Australia Bank Limited in respect to the grant of a Fixed Rate Interest Only Home Loan National Choice Package Interest in Advance Facility, effective during the period 20 March 2006 and 29 June 2006.

The bank resisted production on the grounds the borrower was engaging in a “fishing expedition.” The judge agreed noting that:  

…whether a particular expedition is a mere “fishing expedition” depends upon the meaning of that phrase. A “fishing expedition” in the sense in which the phrase has been used in the law, means, as I understand it, that a person who has no evidence that fish of a particular kind are in a pool desires to be at liberty to drag it for the purpose of finding out whether there are any there or not.

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