Nettleton v Rondeau [2015] NSWSC 1490

Supreme Court New South Wales

Medium Neutral Citation: Nettleton v Rondeau [2015] NSWSC 1490 Hearing dates: 2 October 2015 Date of orders: 13 October 2015 Decision date: 13 October 2015 Jurisdiction: Common Law Before: Bellew J Decision: 1. The subpoena filed by the defendant on 28 July 2015 and directed to the plaintiff is set aside. 2. The defendant is to pay the plaintiff's costs of the notice of motion. 3. The matter is listed before me for directions on Monday 19 October 2015 at 9.15 am. Catchwords: PRACTICE AND PROCEDURE – Application to set aside Subpoena - Where plaintiff brought proceedings for damages following motor vehicle accident – Plaintiff employed as a senior executive in the finance industry prior to the accident – Plaintiff gave history to a medical practitioner that he managed his own investments following the accident – Issue as to extent of plaintiff's residual earning capacity – Defendant issued subpoena seeking documents in relation to the plaintiff's investments – Where Subpoena sought documents dating back several years before the accident – Where subpoena sought documents which were not limited to transactions conducted by the plaintiff – Subpoena set aside Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Alister v R [1984] HCA 45; (1984) 154 CLR 404 Associated Dominions Assurance Society Pty Limited v John Fairfax & Sons Limited (1952) 72 WN (NSW) 250 Botany Bay Instrumentation and Control Pty Limited v Stewart [1984] 3 NSWLR 98 City of Sydney v Streetscape Projects (Aust) Pty Limited [2011] NSWSC 364 Commissioner for Railways v Small (1938) 38 SR NSW 564; 55 WN (NSW) 215 G B v Western Sydney Area Health Service [2010] NSWSC 181 National Employers' Mutual General Insurance Association Limited v Waind and Hill [1978] 1 NSWLR 372 Nettleton v Rondeau [2014] NSWSC 903; (2014) 67 MVR 259 Tony Azzi Automobiles Pty Limited v Volvo Car Australia Pty Limited [2006] NSWSC 283 at [8] White v Tulloch (1995) 19 Fam LR 696; (1995) 127 FLR 105 Category: Procedural and other rulings Parties: Bruce Nettleton - Plaintiff Jocelyn Germaine Rondeau - Defendant Representation: Counsel: Dr A S Morrison SC – Plaintiff Mr W Fitzsimmons - Defendant