Monteiro v State of New South Wales [2022] NSWSC 148

Supreme Court New South Wales

Medium Neutral Citation: Monteiro v State of New South Wales [2022] NSWSC 148 Hearing dates: 21 February 2022 Date of orders: 24 February 2022 Decision date: 24 February 2022 Jurisdiction: Common Law Before: Campbell J Decision: See paragraphs [32] and [33] Catchwords: CIVIL PROCEDURE – subpoenas – application pursuant to Rule 7.3 Uniform Civil Procedure Rules 2005 (NSW) for leave to issue subpoena to produce – application for leave to issue subpoena to give evidence – legitimate forensic purpose – subpoena may lack a legitimate forensic purpose if the terms "are so wide that it is oppressive" – improper if sought for a spurious reason – improper where no "conceivable relation" with the proceeding – leave refused where subpoena issued as a substitute for due process – leave refused where requiring persons to attend court for examination not authorised by statute or rules HIGH RISK OFFENDERS – interlocutory application – extended supervision order – application for revocation pursuant to order under s 13 Crimes (High Risk Offenders) Act 2006 (NSW) Legislation Cited: Crimes (High Risk Offenders) Act 2006 (NSW), ss 6, 7, 13, 21, 22 Law Enforcement (Powers and Responsibilities) Act 2002 (NSW), ss 218, 219 Uniform Civil Procedure Rules 2005 (NSW), rr 6.4, 7.3, 33.13 Cases Cited: New South Wales v Banks (Preliminary) [2021] NSWSC 1246 New South Wales v Carr [2020] NSWSC 643 New South Wales v Kay [2018] NSWSC 1235 New South Wales v Mills [2019] NSWSC 298 New South Wales v Myers [2018] NSWSC 1789 New South Wales v Schmidt (Preliminary) [2019] NSWSC 52 Secretary of the Department of Planning, Industry and Environment v Blacktown City Council [2021] NSWCA 145 State of New South Wales v Monteiro (AKA Lowe) (No 2) [2020] NSWSC 349 State of New South Wales v Monteiro (AKA Lowe) (No 3) (Preliminary) [2020] NSWSC 350 State of New South Wales v Monteiro (Final) [2020] NSWSC 881 Waind v Hill and National Employers' Mutual General Association Limited [1978] 1 NSWLR 372 Category: Principal judgment Parties: Simon Monteiro (Plaintiff) State of New South Wales (Respondent) Representation: Counsel: S. Monteiro (Plaintiff in person) A Mykkeltvedt (Respondent)