Lovick & Son Developments Pty Ltd v Doppstadt Australia Pty Ltd [2021] NSWSC 824

Supreme Court New South Wales

Medium Neutral Citation: Lovick & Son Developments Pty Ltd v Doppstadt Australia Pty Ltd [2021] NSWSC 824 Hearing dates: 22 June 2021 Decision date: 22 June 2021 Jurisdiction: Equity Before: Ward CJ in Eq Decision: 1. Dismiss the notice of motion filed 27 May 2021 with costs, insofar as it seeks to set aside paragraphs 1, 5, 6 and 7 of the subpoena issued on 13 May 2021. 2. Grant access to the plaintiffs to Subpoena Packets S10 and S11 in these proceedings. 3. Direct that any note in relation to a proposed mediation of the dispute be forwarded to Ward CJ in Eq's Associate within 7 days. 4. Direct the respondent to file and serve any evidence in reply to those parts of the notice of motion filed 26 April 2021, namely the application for relief in prayers 4, 5, 11 and 12, by 21 July 2021. 5. Direct the plaintiff to file and serve any evidence in reply by 23 July 2021. Catchwords: CIVIL PROCEDURE — Subpoenas — Application to set aside Cases Cited: Harman v Secretary of State for the Home Department [1983] 1 AC 280 Category: Procedural rulings Parties: Lovick & Son Developments Pty Ltd (First Plaintiff) Lovick Engineering Pty Ltd (Second Plaintiff) Doppstadt Australia Pty Ltd (in liq) (First Defendant) Raymond John Davis (Second Defendant) Susanne Margaret Davis (First Respondent) Davis Earthmoving & Quarrying Pty Ltd (Second Respondent) Representation: Counsel: D Smallbone (Plaintiffs) T Flaherty (Respondents)