Ballard v Brookfield Australia Investments Limited [2012] NSWCA 385

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Ballard v Brookfield Australia Investments Limited [2012] NSWCA 385 Hearing dates: 12 November 2012 Decision date: 12 November 2012 Before: Campbell JA Decision: Subpoena set aside. Issuer of subpoena to pay applicant's cost of the Notice of Motion to set aside. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: DISCOVERY AND INTERROGATORIES - production and inspection - subpoena to produce - subpoena put on in relation to application for security for costs of appeal - documents sought relating to legal fees for hearing below - information relating to fees charged cannot establish impecuniosity without further information relating to the financial position of the appellant - further information outside scope of subpoena - fishing expedition - subpoena set aside Cases Cited: Preston v Harbour Pacific Underwriting Management Pty Limited [2007] NSWCA 247 Category: Interlocutory applications Parties: Sagacious Legal Pty Ltd (Applicant) Brookfield Australia Investments (First Respondent) Multiplex Corporate Agency Pty Ltd (Second Respondent) Representation: Counsel: RW Tregenza (Applicant) A Bell (First and Second Respondents) Solicitors: Sagacious Legal Pty Ltd (Applicant) Clayton Utz (First and Second Respondents) File Number(s): 2012/169375