Hamzy v Commissioner of Corrective Services NSW [2024] NSWSC 264

Supreme Court New South Wales

Medium Neutral Citation: Hamzy v Commissioner of Corrective Services NSW [2024] NSWSC 264 Hearing dates: 13 February 2024 Date of orders: 18 March 2024 Decision date: 18 March 2024 Jurisdiction: Common Law Before: Meagher JA Decision: (1) Dismiss the plaintiff's motion dated 12 September 2023. (2) Set aside the plaintiff's undated notice to produce received by the defendant on 12 September 2023. (3) Set aside the subpoenas to attend to give evidence addressed to Mr Price and to "Mr Gamble". (4) Reserve the question as to who should pay the costs of the three motions heard on 13 February 2024. (5) Direct that on or before 20 May 2024 the plaintiff file and serve signed statements or outlines of the evidence of each witness of fact intended to be relied on in support of the relief sought by prayer 6 of the second amended summons. (6) Direct that on or before 22 April 2024 the defendant file and serve a draft order in respect of separate questions to be determined in relation to the relief sought by prayers 1 to 5 and 7 of the second amended summons. That draft order should also identify any factual matters which the Commissioner maintains will need to be established (or agreed) to enable those questions to be answered. (7) Direct that on or before 6 May 2024 the plaintiff advise the defendant in writing as to whether he agrees to the formulation of those separate questions and of the facts said to be necessary for the determination of those questions. (8) Stand the proceeding over for further directions before Meagher JA on 27 May 2024 at 9:30am. The plaintiff may attend that directions hearing by audiovisual link. Catchwords: CIVIL PROCEDURE – notice to produce – application to set aside – whether plaintiff's notice to produce documents complies with Uniform Civil Procedure Rules 2005 (NSW) (UCPR), r 21.10(1)(b) – whether that requirement should be dispensed with pursuant to Civil Procedure Act 2005 (NSW), s 14 CIVIL PROCEDURE – subpoenas – application to set aside – where plaintiff seeks two correctional officers attend and give evidence at hearing of notices of motion – where plaintiff self-represented – whether subpoenas comply with UCPR, r 7.3(1) – whether necessary in the interests of justice for officers to give evidence on hearing of motions CIVIL PROCEDURE – where plaintiff seeks access to other inmates for purpose of obtaining their evidence in the exercise of his "right" to bring proceedings – where plaintiff classified as an EHRR inmate and subject to non-association determination – where, notwithstanding those determinations, plaintiff able to communicate with other inmates via mail – whether order for access otherwise necessary to prevent an abuse of process Legislation Cited: Civil Procedure Act 2005 (NSW), s 14 Crimes (Administration of Sentences) Act 1999 (NSW), ss 5, 10, 11, 12, 271 Crimes (Administration of Sentences) Regulation 2014 (NSW), cll 3(1), 12, 15, 16, 110, 115, 119, 119B, 164 Felons (Civil Proceedings) Act 1981 (NSW) Uniform Civil Procedure Rules 2005 (NSW), rr 7.3, 21.10 Cases Cited: Hamzy v Commissioner of Corrective Services NSW (2022) 107 NSWLR 544; [2022] NSWCA 16 Patonga Beach Holdings Pty Ltd v Lyons [2009] NSWSC 869 Patsalis v State of New South Wales (2012) 81 NSWLR 742; [2012] NSWCA 307 Texts Cited: Nil Category: Procedural rulings Parties: Bassam Hamzy (Plaintiff) Commissioner of Corrective Services NSW (Defendant) Representation: Counsel: Plaintiff (Self-represented) J Emmett SC / E Jones (Defendant)