Mohareb v Kelso [2023] NSWSC 20

Supreme Court New South Wales

Medium Neutral Citation: Mohareb v Kelso [2023] NSWSC 20 Hearing dates: 23 February 2022 Date of orders: 07 February 2023 Decision date: 07 February 2023 Jurisdiction: Common Law Before: Bellew J Decision: (1) The plaintiff is granted access to District Court file number 2017/367888. (2) The plaintiff is granted leave to issue a subpoena to the Office of the Director of Public Prosecutions NSW for production of file reference number 2017/17404, noting that such subpoena is not to seek the production of any personal contact details of the defendant. (3) The plaintiff is granted leave to issue a subpoena to the Commissioner of Police NSW Police Force, for production of the file relating to Event number E65427309 and charge H6782155, noting that such subpoena is not to seek production of any personal contact details of the defendant. (4) The plaintiff is granted leave to issue a subpoena to Corrective Services NSW seeking production of the community corrections file relating to the defendant, noting that such subpoena is not to seek production of any personal contact details of the defendant . (5) Leave is granted to the plaintiff to file a further amended summons in the proceedings within a period of 21 days. (6) The costs of the plaintiff's amended notice of motion dated 10 December 2021 are reserved. Catchwords: PRACTICE AND PROCEDURE – Leave to litigant in person to issue subpoenas – No point of principle Legislation Cited: Supreme Court Rules 1970 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Category: Principal judgment Parties: Nader Mohareb (Plaintiff) Alexander Edward Keslo (Defendant ) Representation: Counsel: Self-represented (Plaintiff) No appearance (Defendant )