Gamage v Riashi [2023] NSWSC 277

Supreme Court New South Wales

Medium Neutral Citation: Gamage v Riashi [2023] NSWSC 277 Hearing dates: 22 March 2023 Date of orders: 22 March 2023 Decision date: 22 March 2023 Jurisdiction: Common Law Before: Dhanji J Decision: (1) Prayer 3(a) of the motion is stood over to 31 March 2023 to the hearing of the plaintiff's summons. (2) The notice of motion is otherwise dismissed. Catchwords: CIVIL PROCEDURE – notice of motion – application by self-represented plaintiff for leave to issue subpoenas – where surveillance warrant was issued - ICAC investigation – where relief sought is essentially duplicative of the final relief sought in the substantive proceeding – legitimate forensic purpose – collateral attack on surveillance warrants Legislation Cited: Evidence Act 1995 (NSW), s 138 Surveillance Devices Act 2007 (NSW), s 21(1)(d) Telecommunications (Interception and Access) Act 1979 (Cth) Uniform Civil Procedure Rules 2005 (NSW), r 7.3 Cases Cited: Gedeon v Commissioner of NSW Crime Commission (2008) 236 CLR 120; [2008] HCA 43 Gould v Director of Public Prosecutions (Cth) [2018] NSWCCA 109 Hamzy v Commissioner of Corrective Services (No 1) [2017] NSWSC 183 Monteiro v the State of New South Wales [2022] NSWSC 148 R v Taleb (2019) 276 A Crim R 192; [2019] NSWSC 21 Secretary of the Department of Planning, Industry and Environment v Blacktown City Council [2021] NSWCA 145 Wehbe & Anor v Giotopoulos [2022] NSWSC 1566 Category: Procedural rulings Parties: Don Gamage (Plaintiff) Michael Riashi (First Defendant) Independent Commission Against Corruption (Second Defendant) Representation: Counsel: A Bhasin (Second Defendant)