Larter v Hazzard [2021] NSWSC 1411

Supreme Court New South Wales

Medium Neutral Citation: Larter v Hazzard [2021] NSWSC 1411 Hearing dates: 1 November 2021 Decision date: 01 November 2021 Jurisdiction: Common Law Before: Adamson J Decision: (1) Pursuant to Uniform Civil Procedure Rules 2005 (NSW), r 33.4, set aside the subpoena to give evidence issued to the first defendant. (2) Reserve the costs of the notice of motion to set aside the subpoena. (3) Set aside paragraph 11 of the notice to produce served by the plaintiff on the defendants. (4) Make no order as to the costs of the notice of motion to set aside the notice to produce. (5) Direct the plaintiff to serve on the defendants and provide to the Court his proposed further amended summons by 4pm on 2 November 2021. Catchwords: CIVIL PROCEDURE — Application to set aside a subpoena and notice to produce — Subpoena to the Minister for Health and Medical Research to give evidence at the substantive hearing — No reasons sought under Uniform Civil Procedure Rules 2005 (NSW), r 59.9 — Evidence would not be relevant in a substantial way as the plaintiff's challenge is confined to the result (alleged legal unreasonableness) and not the process — Weight of competing demands in Parliament on the day on which the matter is listed for hearing — Subpoena and one paragraph of the notice to produce set aside — Notice to produce largely resolved by co-operation Legislation Cited: Civil Procedure Act 2005 (NSW), s 56 Evidence Act 1995 (NSW), s 15 Public Health Act 2010 (NSW), s 7 Public Health (COVID-19 Vaccination of Health Care Workers) Order 2021 (NSW) Public Health (COVID-19 Vaccination of Health Care Workers) Order (No 2) 2021 (NSW) Uniform Civil Procedure Rules 2005 (NSW), rr 33.4, 59.4, 59.9 Cases Cited: Attorney-General (NSW) v Chidgey [2008] NSWCCA 65; (2008) 182 A Crim R 536 Dinsdale v The Queen (2000) 202 CLR 321; [2000] HCA 54 One.Tel Ltd (in liq) - SingTel Optus Pty Ltd v Weston [2010] NSWSC 1491 Category: Procedural rulings Parties: John Edward Larter (Plaintiff) The Hon. Brad Hazzard MP, Minister for Health and Medical Research (First Defendant) Health Administration Corporation (Second Defendant) State of New South Wales (Third Defendant) Representation: Counsel: S Prince SC / M Maconachie (Plaintiff) J Kirk SC / T Prince (Defendants)