Sharman v Paul Schwartz t/as Orion Tax and Accounting Services [2022] NSWSC 483

Supreme Court New South Wales

Medium Neutral Citation: Sharman v Paul Schwartz t/as Orion Tax and Accounting Services [2022] NSWSC 483 Hearing dates: 22 April 2022 Decision date: 22 April 2022 Jurisdiction: Equity - Applications List Before: Peden J Decision: (1) The notice of motion is dismissed. (2) The restriction placed on the use of the documents produced by St George Bank in response to the subpoena, being the subpoena of the first defendant dated 14 December 2021 and made by Senior Deputy Registrar Hedge on 25 February 2022, is vacated. (3) The parties are granted access to the documents produced by St George Bank in response to the subpoena. (4) The applicant pay the costs of the respondents, as agreed or assessed. (5) That the order made on 30 August 2021 by Registrar Walton, requiring mediation on or before 30 November 2021, be varied to require the parties to attend a private mediation on or before 3 June 2022, with a view to bringing the matter back before the Court on 7 June 2022. Catchwords: CIVIL PROCEDURE — Subpoenas — Application to set aside — documents already produced CIVIL PROCEDURE — Miscellaneous procedural matters — Application to restrain access and use of subpoenaed documents Legislation Cited: Civil Procedure Act 2005 (NSW) Category: Procedural rulings Parties: Susan Helen Springall in her personal capacity (Applicant/Second Cross-defendant) Paul Schwartz t/as Orion Tax & Accounting Services (Respondent/First Defendant/Cross-claimant) Susan Helen Springall as Administrator of the Estate of the late Peter John Springall (Third Defendant/First Cross-defendant) John Dean Sharman (First Plaintiff) Kathleen Sharman (Second Plaintiff) East Coast Insulations Pty Ltd (Third Plaintiff) Peter Springall (Second Defendant) Representation: Counsel: T Catanzariti (Applicant/Third Defendant/Second Cross-defendant) N Olson (Respondent/First Defendant/Cross-claimant) EA Walker (Plaintiffs)