Willmott v Wilson & Anor [2021] NSWDC 347

District Court New South Wales

Medium Neutral Citation: Willmott v Wilson & Anor [2021] NSWDC 347 Hearing dates: 23 July 2021 Date of orders: 23 July 2021 Decision date: 23 July 2021 Jurisdiction: Civil Before: Abadee DCJ Decision: See paragraph 40 Catchwords: CIVIL PROCEDURE – application by plaintiff to set aside defendant's subpoena and be excused from compliance with notice to produce – whether issue of process for a legitimate forensic purpose Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) r 34.2 Cases Cited: Commissioner for Railways v Small (1938) 38 SR (NSW) 564 Randren House Pty Ltd v Water Administration Ministerial Corporation [2017] NSWLEC 151 Secretary of the Department of Planning, Industry and Environment v Blacktown City Council [2021] NSWCA 145 Texts Cited: Nil Category: Procedural rulings Parties: Mr G Willmott (plaintiff) Mr M Wilson (first defendant/first cross-claimant) Ms J Wilson (second defendant/second cross-claimant) Mr P Willmott (cross-defendant) Representation: Counsel: Mr J O'Sullivan for the plaintiff Mr M Twyford (solicitor advocate) for the first defendant/first cross-claimant and second defendant/second cross-claimant Mr B Robertson (solicitor advocate) for the cross-defendant

Solicitors: JAY Legal for the plaintiff Robertson Saxton Osborne for the first defendant/ first cross-claimant and second defendant/second cross-claimant Bruce Macdonald Lawyers for the cross-defendant File Number(s): 2019/211580 Publication restriction: Nil