Chandrasekaran v Western Sydney Local Health District & Anor (No 4) [2023] NSWCA 253

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Chandrasekaran v Western Sydney Local Health District & Anor (No 4) [2023] NSWCA 253 Hearing dates: 9 October 2023 Decision date: 25 October 2023 Before: White JA Decision: Applicant's Notice of Motion filed on 23 September 2023 is dismissed. The costs of that Notice of Motion are to be the respondents' costs in the applicant's Further Amended Notice of Motion filed on 28 March 2023 for leave to adduce further evidence or to admit new and fresh evidence. Catchwords: CIVIL PROCEDURE – Subpoenas – Notices to produce – Where applicant seeks leave to issue subpoenas and notices to produce to respondents requiring production of certain emails and related metadata – Where applicant seeks such leave to identify third parties alleged to have hacked into applicant's email accounts – Where previous applications for leave to issue subpoenas and notices to produce requiring production of similar documents dismissed – Whether subpoenas and notices to produce for purpose of identification of non-parties to pending appeal would have legitimate forensic purpose – Leave to issue subpoenas and notices to produce refused Legislation Cited: Supreme Court Act 1970 (NSW), s 75A Uniform Civil Procedure Rules 2005 (NSW), r 51.51 Cases Cited: Chandrasekaran v Western Sydney Local Health District [2021] NSWSC 920 Chandrasekaran v Western Sydney Local Health District [2023] NSWCA 106 Chandrasekaran v Western Sydney Local Health District [2023] NSWCA 219 Category: Procedural rulings Parties: Sujatha Chandrasekaran (Applicant) Western Sydney Local Health District, trading as Westmead Hospital (First Respondent) Charterhouse Medical Pty Ltd (Second Respondent) Representation: Counsel: Applicant self-represented R Pietriche (First Respondent) L Crosbie (Second Respondent)