Craig v Johnson [2020] NSWCA 278

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Craig v Johnson [2020] NSWCA 278 Hearing dates: 28 October 2020 Date of orders: 5 November 2020 Decision date: 05 November 2020 Before: Macfarlan JA; Brereton JA Decision: Application for leave to appeal dismissed with costs, such costs to be payable forthwith. Catchwords: APPEAL – application for leave to appeal refused – subpoena issued to solicitor only caught documents produced in response to earlier subpoena and already ruled to be the subject of legal professional privilege – applicants had opportunity to seek leave to appeal against earlier decision but did not COSTS – timing of payment of costs – r 42.7 UCPR – unsuccessful attempt by applicants to challenge decision that they abused Court process – costs payable forthwith Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), r 42.7 Cases Cited: Metropolitan Petar v the Macedonian Orthodox Community Church St Petka Inc (No 2) [2007] NSWCA 142 Category: Principal judgment Parties: Lorretta Kistmah Craig & Ors (Applicants) Anthony Francis Johnson & Ors (1st-61st Respondents) Fiona Inverarity (62nd Respondent) Representation: Counsel: Self-represented by L Craig (Applicants) D A Lloyd SC / A Avery-Williams (1st-61st Respondents) Submitting appearance (62nd Respondent)

Solicitors: Moray & Agnew Lawyers (1st-61st Respondents) File Number(s): 2020/159528 Decision under appeal Court or tribunal: Supreme Court of New South Wales Jurisdiction: Common Law Citation: [2020] NSWSC 423 Date of Decision: 22 April 2020 Before: Lonergan J File Number(s): 2016/328254