Nguyen v Hwang [2023] NSWSC 782

Supreme Court New South Wales

Medium Neutral Citation: Nguyen v Hwang [2023] NSWSC 782 Hearing dates: 7 June 2023 Date of orders: 7 July 2023 Decision date: 07 July 2023 Jurisdiction: Common Law Before: Harrison AsJ Decision: (1) The defendants' notice of motion filed 9 December 2022 is dismissed. (2) The defendants' are to pay the plaintiff's costs. Catchwords: CIVIL PROCEDURE – Review of Registrar's decision – subpoenas – to produce documents or things – application to set aside – whether subpoenas were a fishing expedition – whether subpoenas had forensic value Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) rr 33.4 and 49.19 Cases Cited: Secretary of the Department of Planning, Industry and Environment v Blacktown City Council [2021] NSWCA 145 Groeneveld v Wollongong City Council (2009) 168 LGERA 260; [2009] NSWLEC 149 Commissioner for Railways v Small (1938) 38 SR (NSW) 564 Category: Procedural rulings Parties: Vo Vien Phuong Nguyen (Plaintiff) Chiao Ling Hwang (First Defendant). Vaissade Pty Ltd (Second Defendant). Representation: Counsel:

Dr S Baronlevi (Plaintiff) Mr D Zhao (First and Second Defendants).

Solicitors:

Kerrs law (Plaintiff) Brightstone Legal (First and Second Defendants) File Number(s): 2019/00392822-1

Judgment 1. This judgment concerns a review of the Registrar's decision to set aside sixteen subpoenas to produce in accordance with r 49.19 of the Uniform Civil Procedure Rules 2005 (NSW) ('UCPR'). On 9 December 2022, the defendants sought to replace the Registrar's order pursuant to r 33.4 of the UCPR. 2. The plaintiff is Vo Vien Phuong Nguyen. The first defendant is Chiao Ling Hwang. The second defendant is Vaissade Pty Ltd. The second defendant owned the premises on which the pharmacy was operating. S. Baronlevi appeared for the plaintiff. S. Zhao appeared for the defendants. The parties relied upon a joint court book marked Exhibit 1 ('Ex 1').