O’Shanassy v Turland [2021] NSWDC 642

District Court New South Wales

Medium Neutral Citation: O'Shanassy v Turland [2021] NSWDC 642 Hearing dates: 4,11, 16 and 25 November 2021 Date of orders: 25 November 2021 Decision date: 25 November 2021 Jurisdiction: Civil Before: Gibson DCJ Decision: Order: (1) Pursuant to s 98 of the Civil Procedure Act 2005 (NSW) and UCPR r 42.7, the plaintiff is to pay the costs of the Council and of the defendant of and incidental to the application by the Council and the defendant to set aside the plaintiff's subpoena to the Council, such costs to be assessed forthwith. (2) Pursuant to s 98 of the Civil Procedure Act 2005 (NSW) and UCPR r 42.7, the plaintiff and Sagacious Holdings Pty Ltd are jointly and severally liable to pay the costs of the defendant of and incidental to the application by the plaintiff and Sagacious Holdings Pty Ltd to set aside the subpoena to Sagacious Holdings Pty Ltd, Mercedes-Benz Financial Services Australia Pty Ltd, Nissan Financial Services Pty Ltd and Latitude Financial Services Australia Holdings Pty Ltd, such costs to be assessed forthwith. Catchwords: SUBPOENA – applications by third parties as well as by the parties to set aside subpoenae – documents sought in relation to litigation involving the plaintiff and a third party - claim for legal professional privilege made by third party upheld - costs – application for costs to be paid forthwith – whether position of third parties in applications to set aside subpoenae should be viewed differently to that of the parties to the litigation Legislation Cited: Civil Procedure Act 2005 (NSW) s 98 Uniform Civil Procedure Rules (NSW) 2005 rr 33.11 and 42.7 Cases Cited: All Services Australia Pty Ltd v Telstra Corporation Ltd (2000) 171 ALR 330 Ashfield Municipal Council v Roads and Traffic Authority of NSW [2004] NSWSC 917 Butcher v Balog [2017] NSWSC 1409 Commonwealth of Australia v Gretton [2008] NSWCA 117 Della Bosca v Arena [1999] NSWSC 1057 Global Medical Imaging Management Ltd (in liq) v Australian Mezzanine Investments Pty Ltd [2003] NSWSC 430 Hani Property Investors Pty Ltd v Taouk [2015] NSWSC 614 Health v Greenacre Business Park Pty Ltd [2016] NSWCA 34 In the matter of Eastmark Holdings Pty Limited (receivers and managers appointed) and 1 Denison Street Holdings Pty Ltd (receivers and managers appointed; In the matter of Eastmark Holdings Pty Limited (receivers and managers appointed) (subject to a deed of company arrangement) & ors [2015] NSWSC 2071 In the matter of Optimisation Australia Pty Ltd (Costs) [2018] NSWSC 280 Kazal v Fairfax Media Publications Pty Ltd (No 2) [2015] NSWSC 1422 Kazal v Fairfax Media Publications Pty Ltd (No 2) [2015] NSWSC 1422 Lam v Rolls Royce PLC (No 2) [2014] NSWSC 204 Margaret Lesley Marshall and Kim Neil Marshall v Michael Prescott (No 4) [2012] NSWSC 992 Marsden v Amalgamated Television Services Pty Ltd [2001] NSWSC 77 Marshall v Prescott (No 2) [2013] NSWCA 292 Metlife Insurance Ltd v Visy Board Pty Ltd & 25 Ors (Costs) [2008] NSWSC 111 Morton v Williams [2017] NSWSC 1506 Oshlack v Richmond River Council (1998) 193 CLR 72 Perazzoli v Banksa [2017] FCAFC 204 Rush v Nationwide News Pty Ltd [2018] FCA 357 Secretary of Department of Planning, Industry and Development v Blacktown City Council [2021] NSWCA 145 Tabe v Amalgamated Television Services Pty Ltd (1987) A Def R 50,025 Verde Terra Pty Ltd v Central Coast Council [2019] NSWLEC 166 Waite v Hornsby Shire Council [2007] NSWADT 265 Western Developments Pty Ltd v Orange City Council [2007] NSWLEC 141 Category: Procedural rulings Parties: Plaintiff: Paul Gerard O'Shanassy Defendant: Gary Maurice Turland Representation: Counsel: Plaintiff: Ms C Roberts Defendant: Mr T Senior Sagacious: Mr T Smartt