Collier v State of New South Wales [2014] NSWCA 442

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Collier v State of New South Wales [2014] NSWCA 442 Hearing dates: 8 December 2014 Decision date: 08 December 2014 Before: Leeming JA Decision: 1. Paragraphs 2, 3 and 9 of the Notice of Motion dated 28 November 2014 are dismissed. 2. Costs of the Notice of Motion dated 28 November 2014 will be costs in the cause. 3. I direct that Mrs Collier file and serve any written submissions in support of the orders in paras 1, 4, 5, 6, 7, and 8 of the Notice of Motion dated 28 November 2014 on or before 4pm Friday 12 December 2014. 4. I direct that the State of NSW file and serve any written submissions in response by 4pm Tuesday 16 December 2014. [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: PRACTICE - application to issue subpoenas and for discovery - no legitimate forensic purpose Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), r 13.4 Cases Cited: Collier v State of New South Wales (No 2) [2014] NSWSC 1359 Category: Interlocutory applications Parties: Marion Louise Collier (Applicant) State of New South Wales (Respondent) Representation: Counsel: In person (Appellant) GF Mahony (Respondent) Solicitors: NSW Crown Solicitor (Respondent) File Number(s): 2014/290461 Decision under appeal Date of Decision: 2014-10-01 00:00:00 Before: Campbell J File Number(s): 2014/290461