Mathews v The Uniting Church in Australia Property Trust (NSW) [2011] NSWLEC 198

Land and Environment Court New South Wales

Medium Neutral Citation: Mathews v The Uniting Church in Australia Property Trust (NSW) [2011] NSWLEC 198 Hearing dates: 20 October 2011 Decision date: 15 November 2011 Jurisdiction: Class 4 Before: Craig J Decision: (1) Order that paragraph 3 of the Schedule to the subpoena to produce issued by the Court on 7 September 2011 for service upon Michael Eugene Neustein be amended and read so as to require that any application of the kind referred to in that paragraph be restricted to such application or applications as was or were made between 1 January 2010 and 31 August 2011. (2) Otherwise the applicants' notice of motion filed on 23 September 2011 is dismissed. (3) Documents identified in the subpoena issued on 7 September 2011 addressed to Michael Eugene Neustein are to be produced to the Court in the manner stated in that subpoena not later than 9.30am on 30 November 2011. (4) Order that the applicants notify Michael Eugene Neustein of the terms of Orders 1 and 3, such notification to be given by letter addressed to him at 209 Oxford Street, Bondi Junction and sent not later than 20 November 2011. (5) The applicants are to pay the first respondent's costs of their notice of motion. (6) Exhibit 1 together with the documents marked as "Exhibit MN1" to the affidavit of Michael Eugene Neustein affirmed 3 August 2011 may be returned. Catchwords: PROCEDURE - setting aside or staying subpoena to produce - whether "conduct money" required for subpoena to produce documents - Uniform Civil Procedure Rules 2005 r 33.6(1) - addressee of subpoena entitled to loss and expenses incurred in producing documents - Uniform Civil Procedure Rules r 33.11 - tender of cheque as conduct money - relevance of documents to be produced - whether deponent of affidavit filed in proceedings is "stranger" to the proceedings - motion dismissed Legislation Cited: Cheques Act 1986 (Cth)