Hall v Donlon [2011] NSWSC 1088

Supreme Court New South Wales

Medium Neutral Citation: Hall v Donlon [2011] NSWSC 1088 Hearing dates: Wednesday, 31 August 2011 Decision date: 31 August 2011 Jurisdiction: Equity Division - Duty List Before: Brereton J Decision: Respondent attend court and produce subpoenaed documents. Catchwords: PRACTICE AND PROCEDURE - Subpoenas - solicitor fails to comply with subpoena for production - failure of issuer to provide conduct money - conduct money only mandatory for subpoenas to attend to give evidence - asserts failure to reach agreement as to costs incurred in complying with subpoena - Court has discretion to make costs orders for expenses incurred in complying with subpoena - discretion ordinarily occur post compliance - solicitor claims possessory lien entitling to refuse to produce - solicitor cannot simply disregard subpoena - solicitor must take positive steps to have subpoena set aside or oppose inspection. Legislation Cited: (NSW) Civil Procedure Act 2005, s 68, s 97 (NSW) Uniform Civil Procedure Rules, r 33.6, r 33.11 Cases Cited: Re Bauhaus Pyrmont Pty Ltd (in liq) [2006] NSWSC 253 Tyneside Property Management Pty Ltd & Ors v Hammersmith Management Pty Ltd & Ors [2011] NSWSC 156 Category: Procedural and other rulings Parties: Ernest Hall & Sons P/L (plaintiff) Bernard James Donlon (first defendant) Shirley Alice Donlon (second defendant) Representation: Ms C Watson (solicitor) (plaintiff) Mr G Doherty (defendants) Mr Hancock (solicitor) in person (respondent) Bansgroves Lawyers (plaintiff) Finn Roache (defendants) File Number(s): 11/132749