Neil Street Co Pty Ltd v Ibrahim [2024] NSWSC 1382

Supreme Court New South Wales

Medium Neutral Citation: Neil Street Co Pty Ltd v Ibrahim [2024] NSWSC 1382 Hearing dates: 25 October 2024 Date of orders: 25 October 2024 Decision date: 30 October 2024 Jurisdiction: Equity - Applications List Before: Kunc J Decision: Orders made for destruction or restriction of use of documents produced on subpoena Catchwords: CIVIL PROCEDURE – subpoena to produce documents or things – abuse of process – precipitous issue of subpoenas – subpoenas issued and access obtained before defendant had entered appearance or filed defence CIVIL PROCEDURE — Hearings — Ex parte — Duty of disclosure — Orders in relation to subpoenas not just an administrative procedure — Duty of disclosure applies in Online Registry and Online Court — Scope and content of duty of disclosure Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) rr 3.14, 6.9, 6.10, 33.2, 33.5 Cases Cited: Attorney General v Barker [2000] 1 Fam Law R 759 Garrard v Email Furniture (1993) 32 NSWLR 662 Re Mempoll Pty Ltd [2012] NSWSC 1057 Re North Coast Transit Pty Limited [2013] NSWSC 1912 Secretary of Department of Planning, Industry and Environment v Blacktown City Council [2021] NSWCA 145 Tugrul v Tarrants Financial Consultants Pty Limited (in liquidation) [No 2] [2013] NSWSC 1971 Category: Procedural rulings Parties: Neil Street Co Pty Ltd (First Plaintiff) Landmark Group Construction Australia Pty Ltd (Second Plaintiff) Danial Ibrahim (Defendant) Representation: Counsel: D A Priestley SC (Plaintiffs) D Hughes and S Steinhoff (Defendant)