NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Gill v Trustees of the Marist Brothers [2022] NSWSC 1087 Hearing dates: 24 June 2022 Date of orders: 24 June 2022 Decision date: 24 June 2022 Jurisdiction: Common Law Before: Garling J Decision: (1) Order pursuant to r 33.4(1) of the Uniform Civil Procedure Rules 2005, that paragraph 8 (as modified) of the Subpoena to Produce issued by the plaintiff to the defendant on 16 November 2020 be set aside. (2) Order pursuant to r 33.4(1) of the Uniform Civil Procedure Rules 2005, that paragraph 8 (as modified) of the Notice to Produce to the Court issued by the plaintiff to the defendant on 10 March 2022 be set aside. (3) Order that the plaintiff pay the defendant's costs of the Notice of Motion of 2 May 2022 insofar as it relates to paragraph 8. Catchwords: CIVIL PROCEDURE — subpoenas — notices to produce — application to set aside — no legitimate forensic purpose — vague, uncertain and unlimited in time — set aside Legislation Cited: Civil Liability Act 2005 s 5B(1)(a) Uniform Civil Procedure Rules 2005 r 33.4(1) Cases Cited: Not applicable Texts Cited: Not applicable Category: Procedural rulings Parties: Mark Gill (P) Trustees of the Marist Brothers (D) Representation: Counsel: J Hillier (P) R Coffey (D)
Solicitors Diamond Conway Lawyers (P) Makinson d'Apice Lawyers (D) File Number(s): 2020/309605 Publication restriction: Not applicable
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