Soraya Ahmed v Osman Ahmed [2013] NSWSC 1814

Supreme Court New South Wales

Medium Neutral Citation: Soraya Ahmed v Osman Ahmed [2013] NSWSC 1814 Hearing dates: 29 November 2013 Decision date: 06 December 2013 Jurisdiction: Equity Division Before: Kunc J Decision: Review of Acting Registrar's decision allowed Catchwords: PRACTICE - Subpoenas - Review of Acting Registrar's decision refusing to set aside subpoena - Extent to which relevance of documents sought can be defined by reference to affidavits rather than pleadings Legislation Cited: UCPR Part 49 r 49.19 Cases Cited: In the matter of One.Tel Ltd (in liq) - SingTel Optus Pty Ltd v Weston [2010] NSWSC 1491 Portal Software v Bodsworth [2005] NSWSC 1115 The Commissioner for Railways v Small (1938) 38 SR (NSW) 564 Tomko v Palasty (No 2) [2007] NSWCA 369; (2007) 71 NSWLR 61 Category: Principal judgment Parties: Soraya Ahmed (Plaintiff) Osman Ahmed (First Defendant) Iqra Shabbir (Second Defendant) Representation: Counsel: Ms C. Latham (Plaintiff) Mr B.J. Hemsworth (Solicitor) (First Defendant) Solicitors: Hutchison Lawyers (Plaintiff) Somerville Legal (First Defendant) File Number(s): 2013/226207 Publication restriction: No

Judgment

Summary 1This is an application by the First Defendant under UCPR Part 49 rule 49.19 for review of a decision by Acting Registrar Kenna made on 13 November 2013 (the "Decision") declining to set aside paragraphs 1, 2, 3, 6 and 7 of a subpoena (the "Subpoena") issued at the request of the plaintiff to the Proper Officer, Al Saeed Investments Pty Limited ("Al Saeed"). The review is pressed in relation to paragraphs 1, 2, 3 and 6 of the Subpoena. Without intending any disrespect, I shall refer to the parties by their first names. The first defendant, Osman, is the director of Al Saeed and the son of the plaintiff, Soraya. The second defendant, Iqra, is Osman's wife. 2The relevant part of the Decision should be set aside, as should the paragraphs of the Subpoena that are the subject of Osman's complaint.