The City of Sydney v Streetscape Projects (Australia) Pty Limited & Anor [2011] NSWSC 980

Supreme Court New South Wales

Medium Neutral Citation: The City of Sydney v Streetscape Projects (Australia) Pty Limited & Anor [2011] NSWSC 980 Hearing dates: 26 August 2011 Decision date: 29 August 2011 Jurisdiction: Equity Division - Commercial List Before: Einstein J Decision: 1. In relation to the Obeid Corporation subpoena: (a) The term Period in paragraph 1 is to be redefined to mean the period from 1 July 2001 to 30 September 2009; (b) The challenges to paragraph 17 and 21(a)-(d) are rejected. 2. In relation to the Streetsmart Infrastructure Group subpoena: (a) The wording after subparagraph (k) in paragraph 1 is to be amended to read "during the period 1 January 2005 to date limited to email communications to or from the following email addresses:" (b) The challenges to paragraphs 2,3,4, 5-10, 15 and 17-22 are rejected. 3. The parties are to bring in short minutes of order at which time they will be given an opportunity to address on costs. Catchwords: SUBPOENA - Setting aside of subpoena - Rule 33.4 Uniform Civil Procedure Rules - Oppression - Identifying documents with sufficient particularity Legislation Cited: Uniform Civil Procedure Rules 2005 Cases Cited: Alister v R (1984) 154 CLR 404 City of Sydney v Streetscape projects Australia [2011 NSW SC 364 Portal Software International Pty Ltd v Bodsworth [2005] NSWSC 1115 R v Saleam (1989) 16 NSWLR 14 Re Marnotta and Secretary, Dept of Health and Ageing [2004] AATA 800 Trade Practices Commission v Arnotts Ltd (No 2) (1989) 88 ALR 90 Waind v Hill (1978) 1 NSWLR 372 White v Tulloch (1995) 127 FLR 105; (1995) 19 Fam LR 696 Category: Procedural and other rulings Parties: The City of Sydney (Plaintiff) Streetscape Projects (Australia) Pty Limited (First Defendant) Moses Edward Obeid (Second Defendant) Representation: Counsel Mr T Jucovic QC, Mr S Climpson, Mr C Bova (Plaintiff) Mr S Couper QC, Mr J Gooley, Mr R Higgins (Defendants) Mr Stitt QC (Obeid Corporation, Streetsmart Infrastructure Group) Solicitors Holding Redlich (Plaintiff) Colin Biggers & Paisley (Defendants) Eakin, McCaffery Cox ((Obeid Corporation, Streetsmart Infrastructure Group) File Number(s): 2009/00298673 & 2010/0085353