Meredith v State of New South Wales (No.3) [2024] NSWSC 1499

Supreme Court New South Wales

Medium Neutral Citation: Meredith v State of New South Wales (No.3) [2024] NSWSC 1499 Hearing dates: 19 November 2024 Date of orders: 19 November 2024 Decision date: 19 November 2024 Jurisdiction: Common Law Before: Garling J Decision: (1) Order that the subpoena served by the defendant on the plaintiff on 18 October 2024 be set aside. (2) Order that the Notice to Produce served by the defendant on the plaintiff dated 18 October 2024 be set aside. (3) Order the defendant pay the plaintiff's costs of and incidental to the Notice of Motion filed 31 October 2024. Catchwords: CIVIL PROCEDURE – Subpoenas – Application to set aside subpoena and Notice to Produce – Representative proceedings – Where the defendant sought production of documents which would identify individuals who had become clients of the plaintiff's solicitor or who had registered as group members – Where the plaintiff brings an application to set aside the subpoena on the basis that there was no legitimate forensic purpose for the personal identification details of the group members to be provided to the defendant – Subpoena and Notice to Produce set aside on the basis that there is no legitimate or other proper purpose. Legislation Cited: Civil Procedure Act 2005 Law Enforcement (Powers and Responsibilities) Act 2002 Cases Cited: Meredith v The State of New South Wales [2003] NSWSC 1546 Texts Cited: Not Applicable Category: Procedural rulings Parties: Raya Meredith (P) State of New South Wales (D) Representation: Counsel: K Nomchong SC / A H Edwards (P) M Hutchings / C Langford (D)