NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Haggerty v Sweeten [2022] NSWSC 1539 Hearing dates: 28 October 2022 Date of orders: 28 October 2022 Decision date: 28 October 2022 Jurisdiction: Common Law Before: Chen J Decision: (1) Dismiss the amended notice of motion filed with leave in court on 28 October 2022. (2) Order Elizabeth Howatt pay the plaintiffs' costs of and incidental to the notice of motion as agreed or assessed, with such costs payable forthwith. Catchwords: CIVIL PROCEDURE – Subpoenas – Applications to set aside – privacy CIVIL PROCEDURE – Subpoenas – Legitimate forensic purpose Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Re North Coast Transit Pty Limited [2013] NSWSC 1912 Read v Chang (2010) 44 Fam LR 198 Secretary of the Department of Planning, Industry and Environment v Blacktown City Council [2021] NSWCA 145 Waind v Hill and National Employers Mutual General Association Ltd [1978] 1 NSWLR 372 Texts Cited: Practice Note SC CL 6 Category: Procedural rulings Parties: Margaret Haggerty (1st Plaintiff) Patricia Hume (2nd Plaintiff) Johnson Francis (3rd Plaintiff) Benjamin Sweeten (1st Defendant) Varvara Sellies (2nd Defendant) Representation: Counsel: Mr J Stephenson (Plaintiff) Mr JP Redmond (Defendant)
Solicitors: Wilson & Co Commercial and Personal Lawyers Fahey Rosenblum Lawyers and Mediators File Number(s): 2022/090030
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