Sethi v Cho (No 4) [2023] NSWSC 1334

Supreme Court New South Wales

Medium Neutral Citation: Sethi v Cho (No 4) [2023] NSWSC 1334 Hearing dates: 3 November 2023 Date of orders: 3 November 2023 Decision date: 03 November 2023 Jurisdiction: Equity Before: Henry J Decision: (1) Dismiss the plaintiff's oral application made on 13 October 2023 objecting to Hicksons Lawyers representing the defendant and seeking to disqualify them from doing so (Plaintiff's Hicksons Application). (2) Grant the defendant's application and set aside the notice to produce for inspection dated 17 October 2023 issued by the plaintiff (Defendant's Set Aside Notice to Produce Application). (3) Order the plaintiff to pay the defendant's costs in relation to the Plaintiff's Hicksons Application and the Defendant's Set Aside Notice to Produce Application. Catchwords: CIVIL PROCEDURE — Notices to produce — At hearing — UCPR r 21.10 — Whether documents "referred to" in pleadings or affidavits — Whether "specific documents" clearly identified in notice — Where documents sought subject to claims of legal professional privilege — Where documents sought are categories which refer to unidentified email addresses and persons, any issue or topic and a period of 26 months OCCUPATIONS — Legal practitioners — Solicitors — Whether solicitors should be restrained or disqualified from representing the defendant in these proceedings — Where no evidence supports conclusion that a fair-minded, reasonably informed member of the public would consider that the proper administration of justice requires restraint on solicitors from acting for the defendant in these proceedings or that it is in the interests of the integrity of the judicial process and the due administration of justice Legislation Cited: Legal Profession Uniform Law (NSW) 2014 Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Kallinicos v Hunt (2005) 64 NSWLR 561; [2005] NSWSC 1181 Noun v Pavey [2014] NSWSC 429 Owners Strata Plan SP 69,567 v Baseline Constructions Pty Ltd [2012] NSWSC 502 Patonga Beach Holdings Pty Limited v Lyons [2009] NSWSC 896 Porter v Dyer (2022) 402 ALR 659; [2022] FCAFC 116 Re Australasian Hail Network Pty Ltd (No 2) [2020] NSWSC 517 Rinehart v Rinehart [2015] NSWSC 205 Secretary of the Department of Planning Industry and Environment v Blacktown City Council [2021] NSWCA 145 Ward v Westpac Banking Corp Ltd [2022] NSWSC 66 Category: Principal judgment Parties: Akhil Sethi (Plaintiff; Self-Represented) Joe Cho (Defendant) Representation: Solicitors: Hicksons Lawyers (Defendant) File Number(s): 2023/00252488 Publication restriction: Nil