NSW Caselaw
District Court New South Wales
Medium Neutral Citation: Ahamed v North [2021] NSWDC 172 Hearing dates: 30 April 2021 Date of orders: 12 May 2021 Decision date: 12 May 2021 Jurisdiction: Civil Before: Scotting DCJ Decision: (1) Sub-paragraphs (a)-(d) and (f) of paragraph 2 of schedule to the subpoena to produce issued to the Proper Officer of Connect@Macquarie Pty Ltd as trustee for the Joint@Macquarie Trust filed on 18 November 2020 (the subpoena), are struck out. (2) Time for compliance with the subpoena is extended to 5pm on 19 May 2021. (3) The defendant is denied access to the documents produced by the Commissioner in packet 47 of the subpoenaed material held by the Court. (4) The defendant is to pay the plaintiff's costs of the Notices of Motion filed 28 January 2021 and 2 February 2021, on the ordinary basis, as agreed or assessed. Catchwords: CIVIL PROCEDURE — Subpoenas — Application to set aside Legislation Cited: Civil Procedure Act 2005 Uniform Civil Procedure Rules Cases Cited: Attorney-General (NSW) v Chidgey [2008] NSWCCA 65 R v Saleam [1999] NSWCCA 86 Southern Pacific Hotel Services Inc v Southern Pacific Hotel Corp Ltd [1984] 1 NSWLR 710 Trade Practices Commission v Arnotts Ltd (No 2) (1989) 21 FCR 306 Category: Procedural rulings Parties: S M Fahim Ahamed (Plaintiff) Justin North (Defendant) Representation: Counsel: K Balendra (Plaintiff) W Reynolds (Defendant)
Solicitors: AJB Stevens Lawyers (Plaintiff) Moray & Agnew (Defendant) File Number(s): 2019/137453 Publication restriction: None
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