Marshall v Gunasti [2009] NSWSC 838

New South Wales Supreme Court

CITATION : Marshall v Gunasti [2009] NSWSC 838

HEARING DATE(S) : 3, 4, 5, 6, 7, 10, 11 & 13 August 2009

JUDGMENT DATE : 20 August 2009

JUDGMENT OF : Davies J

DECISION : The Defendant is to pay fifty per cent of the Commissioner of Police's costs in respect of the Notice of Motion filed 2 June 2009.

CATCHWORDS : PROCEDURE - costs - costs of Notice of Motion to set aside subpoena - subpoena required production of some documents statutorily protected from production - Notice of Motion drawn too widely - some documents which legitimately required to be produced under subpoena - apportionment of costs of the Notice of Motion.

LEGISLATION CITED : Police Act 1990 Uniform Civil Procedure Rules 2005

PARTIES : Chrissie Joy Marshall (Plaintiff) Erkan Gunasti (Defendant)

FILE NUMBER(S) : SC 08/20404

COUNSEL : Mr G Doherty (Commissioner of Police) Mr W Fitzsimmons (Defendant)

SOLICITORS : Crown Solicitor's Office (Commissioner of Police) Sparke Helmore (Defendant)

- 1 - IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

DAVIES J

THURSDAY 20 AUGUST 2009

08/20404 CHRISSIE JOY MARSHALL V ERKAN GUNASTI

JUDGMENT 1 On 30 October 2008 the Defendant issued a subpoena to produce addressed to the Commissioner of Police. The subpoena required the production of seven categories of documents, four of which were not in dispute. 2 The three categories in dispute were these: "2. All documents relating to complaints of corruption in the New South Wales Police made by Mrs Chrissie Marshall.

3. All documents relating to complaints of discrimination and/or victimisation of Mrs Chrissie Marshall by members of the New South Wales Police, including the New South Wales Police Aboriginal Counsel (sic) and New South Wales Police Service Koori Support Network.