CHELCOURT PTY. LIMITED and ANOTHER –v- PARK LANE FASHIONS PTY. LIMITED and ORS [2007] NSWSC 127

New South Wales Supreme Court

CITATION : CHELCOURT PTY. LIMITED and ANOTHER –v- PARK LANE FASHIONS PTY. LIMITED and ORS [2007] NSWSC 127

HEARING DATE(S) : 5 February 2007

JUDGMENT DATE : 26 February 2007

JURISDICTION : Equity Division

JUDGMENT OF : Associate Justice McLaughlin

DECISION : 1. I make orders as sought in paragraphs 1, 2.1, 3, 4, 5 and 6 in the interlocutory process filed by the Plaintiffs on 4 September 2006; 2. I order, with respect to the subpoena issued on 17 August 2006 at the request of the Second to Fourth Defendants and addressed to Graham Hurwitz, an order that, insofar as paragraph 2 of the aforesaid subpoena seeks production of documents beyond group certificates or payment summaries (and amendments thereto) issued by the First Defendant for the late Allan Levin for the period 1 July 1995 to the date of the subpoena, such subpoena be set aside; 3. I order that the interlocutory process filed by the Second, Third and Fourth Defendants on 28 September 2006 be dismissed; 4. I order that the aforesaid Defendants pay the costs of the Plaintiffs of the aforesaid interlocutory process filed on 28 September 2006; 5. I order that MFI 1 be returned to the Plaintiffs; 6. The exhibits may be returned

CATCHWORDS : Practice. - Subpoenas. - Discovery. - Claim for client legal privilege.

LEGISLATION CITED : Civil Procedure Act 2005 Evidence Act 1995

Chelcourt Pty. Limited (First Plaintiff/ First Respondent) Carolyn Levin (Second Plaintiff/ Second Respondent) PARTIES : Park Lane Fashions Pty. Limited (First Defendant) Belmorta Pty. Limited (Second Defendant/ First Applicant) Mervyn Aaron Levin (Third Defendant/ Second Applicant) Thelma Levin (Fourth Defendant/ Third Applicant)