Montenegro v Legal Profession Admission Board [2022] NSWSC 1100

Supreme Court New South Wales

Medium Neutral Citation: Montenegro v Legal Profession Admission Board [2022] NSWSC 1100 Hearing dates: 16 August 2022 Date of orders: 16 August 2022 Decision date: 16 August 2022 Jurisdiction: Common Law Before: Campbell J Decision: (1) Mr Montenegro's Notice of Motion filed 3 February 2022 is dismissed. (2) The defendant has leave to inspect Court Files Nos 2020/1556610; 2020/1091007 and 2021/007958 in the District Court, Local Court and Supreme Court respectively. (3) Note that any statutory provision or court order restricting publication or suppressing any material contained within those files applies of its own force. (4) Grant liberty to the parties to apply on short notice lest there is any ambiguity in relation to the application of order (3). (5) The plaintiff to pay the defendant's costs of this application. Catchwords: CIVIL PROCEDURE – application to access court files – objection to production of documents or things – legitimate forensic purpose Legislation Cited: Legal Profession Uniform Admission Rules 2015 (NSW), r 14 Uniform Civil Procedure Rules 2005 (NSW), r 33.13 Cases Cited: Prothonotary of the Supreme Court (NSW) v Montenegro [2015] NSWCA 409 Secretary of the Department of Planning, Industry and Environment v Blacktown City Council [2021] NSWCA 145 Category: Procedural rulings Parties: Cesar Montenegro (Plaintiff) The Legal Profession Admission Board (Defendant) Representation: Cesar Montenegro (Plaintiff) The Legal Profession Admission Board (Defendant) File Number(s): 2020/182135