R v Potier [2014] NSWSC 131

Supreme Court New South Wales

Medium Neutral Citation: R v Potier [2014] NSWSC 131 Hearing dates: 25 February 2014 Decision date: 26 February 2014 Jurisdiction: Common Law Before: Schmidt J Decision: 1. The subpoena issued to the Commissioner of Corrective Services is set aside, except for paragraph 9. 2. Mr Potier is not to serve any further subpoena in these proceedings without obtaining prior leave from a judge of this Court. Catchwords: PROCEDURE - subpoena for production of documents - notice of motion seeking to set aside subpoena - bail application - alleged breach of legal professional privilege - legitimate forensic purpose - whether subpoena is oppressive - whether prior leave to issue any further subpoena should be ordered - order for subpoena to be set aside granted - order made that no further subpoena to be issued without leave Legislation Cited: Bail Act 1978 (NSW) Civil Procedure Act 2005 (NSW) Supreme Court Act 1970 (NSW) Supreme Court Rules Uniform Civil Procedure Rules 2005 Vexatious Proceedings Act 2008 (NSW) Cases Cited: Attorney General in and for the State of New South Wales v Potier [2014] NSWSC 118 National Employers' Mutual General Insurance Association Ltd v Waind and Hill [1978] 1 NSWLR 372 Potier v Regina [2011] NSWCCA 204 R (Cth) v Petroulias (No. 22) [2007] NSWSC 692; (2007) 176 A Crim R 309 R v Potier (Supreme Court (NSW), Johnson J, 25 July 2013, unrep) R v Potier (Supreme Court (NSW), RS Hulme AJ, 25 October 2013, unrep) Category: Procedural and other rulings Parties: Commissioner of Corrective Services NSW (Applicant on Motion) Malcolm Hunter Potier (Respondent on Motion) Representation: Solicitors: Mr R McIIwaine Crown Solicitor's Office (Applicant) Mr M Potier, unrepresented (Respondent) File Number(s): 2005/14700 Publication restriction: None