Dernee v Zondagh [2023] NSWDC 192

District Court New South Wales

Medium Neutral Citation: Dernee v Zondagh [2023] NSWDC 192 Hearing dates: 7 June 2023 Date of orders: 09 June 2023 Decision date: 09 June 2023 Jurisdiction: Civil Before: Judge Levy SC Decision: 1. The defendant applicant's notice of motion filed on 29 March 2023 seeking to set aside a subpoena for non-party production of documents is dismissed; 2. The costs of the dismissed motion are to be costs in the cause; 3. The case management orders made in the course of the hearing of the motion are confirmed; 4. Liberty to apply on 7 days' notice if further or other orders are required. Catchwords: PRACTICE & PROCEDURE – professional negligence – veterinary – dismissal of notice of motion seeking an order for the setting aside of a subpoena addressed to a non-party regulatory authority for the production of relevant documents – legitimate forensic purpose – not oppressive – not fishing Legislation Cited: Civil Liability Act 2005 (NSW), s 50 Evidence Act 1995 (NSW), s 136 Cases Cited: Department of Planning, Industry and Environment v Blacktown City Council [2021] NSWCA 145 Portal Software International Ltd v Bodsworth [2005] NSWSC 1115 R v Saleam [1989] 16 NSWLR 14 Category: Procedural rulings Parties: Anita Dernee (Plaintiff/respondent) Matthew Zondagh (Defendant/applicant) Representation: Counsel: Ms E Dalrymple (Plaintiff/respondent) Ms L Cooper-Hackman (Defendant/applicant)