Harvey and Anor v State of New South Wales [2005] NSWSC 1389

New South Wales Supreme Court

CITATION : Harvey and Anor v State of New South Wales [2005] NSWSC 1389

HEARING DATE(S) : 15 June 2005

JUDGMENT DATE : 15 June 2005

JURISDICTION : Equity Division

JUDGMENT OF : Johnson J at 1

DECISION : Application to set aside subpoena on the basis that it constitutes an abuse of process of the Court is declined.

CATCHWORDS : PRACTICE AND PROCEDURE - subpoena - application to set aside - whether abuse of process - legitimate forensic purpose

LEGISLATION CITED : Fair Trading Act 1987

National Employers' Mutual General Association Limited v Waind & Hill (1978) 1 NSWLR 372 Principal Registrar of the Supreme Court v Tastan (1994) 75 A Crim R 498 CASES CITED : Commissioner of Police v Tuxford (2002) NSWCA 139 Attorney General for NSW v Stuart (1994) 34 NSWLR 667 Carroll v Attorney General for NSW (1993) 70 A Crim R 162

Bruce Harvey (First Plaintiff) PARTIES : Bruce Harvey Enterprises Limited (Second Plaintiff) State of New South Wales (Defendant)

FILE NUMBER(S) : SC 5051/01

Mr F Donohoe (Plaintiffs) COUNSEL : Mr P Menzies QC; Mr D Mallon (Defendant) Mr P Singleton (Board of Studies of NSW)

Carneys Lawyers (Plaintiffs) SOLICITORS : Crown Solicitor's Office (Defendant)

LOWER COURT JURISDICTION :

IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION EQUITY LIST

Johnson J

15 June 2005

5051/01 Harvey and Anor v State ot New South Wales JUDGMENT (On application to set aside subpoena addressed to the Board of Studies; see p 220 of transcript for 15/06/05) 1 JOHNSON J: The Plaintiffs have caused to be issued a subpoena directed to the Office of the Board of Studies NSW, seeking the production of documents, being "the personnel file of Adrian Tucker from 1 January 1993 to date, who was employed by the Board of Studies and who may [have] left or been terminated in or about 1994/1995".