Keown v State of New South Wales [2023] NSWSC 1588

Supreme Court New South Wales

Medium Neutral Citation: Keown v State of New South Wales [2023] NSWSC 1588 Hearing dates: 8 December 2023 Date of orders: 18 December 2023 Decision date: 18 December 2023 Jurisdiction: Common Law Before: Schmidt AJ Decision: (1) The State's motion is dismissed. (2) Paragraphs 2(f), (g) and (h) of the State's subpoena is set aside. (3) The State is to bear Mr Keown's costs of the motions, as agreed or assessed. (4) The matter is adjourned for the hearing of Mr Keown's November motion on 5 March 2024. Catchwords: PROCEDURE — notice of motion — orders seeking to set aside plaintiff's subpoena — where documents sought are relevant to issues raised by the pleadings — where there is a legitimate forensic purpose — motion dismissed PROCEDURE — notice of motion — orders seeking to set aside parts of defendant's subpoena — where the documents have no apparent relevance to issues raised by the pleadings — where no legitimate forensic purpose is established — orders made Legislation Cited: Children (Criminal Proceedings) Act 1987 (NSW), s 14 Civil Liability Act 2002 (NSW), s 3B Civil Procedure Act 2005 (NSW), s 56 Limitation Act 1969 (NSW), s 6A(1) Uniform Civil Procedure Rules 2005 (NSW), r 42.1 Cases Cited: R v Saleam [1999] NSWCCA 86 Secretary of the Department of Planning, Industry and Environment v Blacktown City Council [2021] NSWCA 145 Category: Principal judgment Parties: David Keown (Plaintiff) State of New South Wales (Defendant) Representation: Counsel: J C Lee (Plaintiff) T Buterin (Defendant)