Eppinga v Kalil & Anor [2021] NSWDC 549

District Court New South Wales

Medium Neutral Citation: Eppinga v Kalil & Anor [2021] NSWDC 549 Hearing dates: 14 October 2021 Date of orders: 14 October 2021 Decision date: 14 October 2021 Jurisdiction: Civil Before: Gibson DCJ Decision: Order: (1) The application by Dr and Mrs Kalil (the defendants in the cross-claim) to set aside the subpoena to the Veterinary Board of NSW is dismissed. (2) The solicitors for both parties are to have access to the documents produced by the Veterinary Board of NSW. (3) Access is not to be given to the parties to the documents under that subpoena without the leave of the Court. (4) Mr Goldsmith's application for first access to these documents is refused. (5) The application by Dr and Mrs Kalil to strike out paragraph 2(e)(iii)(4) of the Reply is dismissed. (6) The parties are to provide Lists of Documents in 21 days giving discovery in accordance with my rulings as to the categories of documents which are discoverable, with inspection to take place within 14 days thereafter. (7) Dr and Mrs Kalil's additional application for further and better discovery in relation to the documents in paragraph 51 of Mr Leonardo Muriniti of 8 June 2021 is dismissed. (8) The parties are to exchange draft notices to answer interrogatories within 28 days after inspection of documents produced on discovery. (9) The parties are to approach the List Judge for a hearing date as a non-jury hearing of 5 days plus in length, to take place not before July 2022. (10) Dr and Mrs Kalil are to pay Ms Eppinga's costs of the application. Catchwords: PRACTICE AND PROCEDURE – application to set aside subpoena – application to strike out a particular of the Reply – adequacy of categories of discovery – no issue of principle Legislation Cited: Defamation Act 2005 (NSW) s 42 Uniform Civil Procedure Rules 2005 (NSW)("UCPR") r 33.4 Cases Cited: Kalil v Bray & Anor [1977] 1 NSWLR 256 Kalil v Eppinga [2020] NSWDC 407 Liristis v Gadelrabb [2009] NSWSC 441 Mackintosh v Commissioner of Police (NSW) [2010] NSWSC 1064 Muriniti v Kalil [2021] NSWCA 81 Category: Procedural rulings Parties: Cross-claimant: Ms Ellie Rose Eppinga Cross-defendants: 1st Cross-defendant: Dr Mahmoud Kalil 2nd Cross-defendant: Ms Magda Kalil Representation: Solicitors: Cross-claimant: Mr R Newell Mr L Muriniti (L.C. Muriniti & Associates) Cross-defendants: Mr B Goldsmith (Goldsmiths Lawyers) File Number(s): 2019/00045573