Westgate Finance v May [2012] NSWSC 806

Supreme Court New South Wales

Medium Neutral Citation: Westgate Finance v May [2012] NSWSC 806 Hearing dates: 13/07/2012 Decision date: 13 July 2012 Jurisdiction: Equity Division - Commercial List Before: McDougall J Decision: Applicant to produce unredacted copies of documents except where privilege claimed over redacted material; applicant to file affidavit evidence in support of claims for privilege. Catchwords: [PROCEDURE] - civil - subpoena - whether recipient of subpoena should produce unredacted copies of documents - application for amended subpoena to be set aside - whether further compliance with subpoena should be dispensed with. Legislation Cited: Practice Note SC Eq 11 Cases Cited: Bailey and Anor v The Director General, Department of Land and Water Conservation and Ors (2009) 74 NSWLR 333 Drivetime Radio Australia Pty Ltd v Pivotal Creative Solutions Pty Ltd trading as Broadcast GP [2010] NSWSC 763 NAK Australia Pty Ltd v Starkey Consulting Pty Ltd [2008] NSWSC 1136 Category: Procedural and other rulings Parties: Westgate Finance Pty Limited (Plaintiff) Christopher May (First Defendant) Pauline Howes (Second Defendant) Airport Fuel Services Pty Limited (Interested party) Representation: Counsel: R A Yezerski (Plaintiff) B J Miller (Solicitor) (Defendants) L T Livingston (Airport Fuel Services) Solicitors: Pigott Stinson (Plaintiff) Garland Hawthorne Brahe (Defendants) HWL Ebsworth (Airport Fuel Services) File Number(s): 2011/301205