AGL Energy Ltd v Hammond; Hammond v AGL Energy Ltd [2015] NSWLC 15

Local Court New South Wales

Medium Neutral Citation: AGL Energy Ltd v Hammond; Hammond v AGL Energy Ltd [2015] NSWLC 15 Hearing dates: 23 June 2015 Decision date: 08 July 2015 Jurisdiction: Civil Before: Buscombe LCM Decision: 1. In so far as the first respondent is concerned, the amended statement of claim is struck out; 2. In so far as the second respondent is concerned, in so far as her claim is brought in negligence, the amended statement of claim is struck out; and 3. In so far as the notice motion to strike out the amended statement of claim is concerned, there is to be an order that the first respondent is to pay one half of the applicants' costs on the ordinary basis. In so far as between the applicants and the second respondent, there is no order as to costs. The applicants succeeded completely against the first respondent and partially against the second respondent. I consider in these circumstances that a proper exercise of the costs discretion results in the above costs order. Catchwords: NOTICE OF MOTION - strike out application - whether statement of claim disclosed reasonable cause of action - breach of privacy - negligence - stay application upon provision of security for costs - application to set aside subpoena for production - whether issuing of subpoena constituted abuse of process Legislation Cited: Civil Liability Act 2002 (NSW), ss 31, 32, 67 Commonwealth Electoral Act 1918 (Cth), ss 90B, 91B District Court Act 1973 (NSW), s 156 Evidence Act 1995 (NSW) Service and Execution of Process Act 1992 (Cth) Uniform Civil Procedure Rules 2005 (NSW), rr 14.28, 36.3, 42.21 Cases Cited: Australian Broadcasting Corporation v Lenah Game Meats Pty Ltd [2001] HCA 63; 208 CLR 199 Florida Investments Pty Ltd v Milstern (Holdings) Pty Ltd [1972] WAR 148 General Steel Industries Inc v Commissioner for Railways (NSW) [1964] HCA 69; 112 CLR 125 Maynes v Casey [2011] NSWCA 156 Maynes v Casey [2011] HCASL 173 Philips Electronics Australia Pty Ltd v Matthews [2002] NSWCA 157; 54 NSWLR 598 Spencer v Commonwealth of Australia [2010] HCA 28; 241 CLR 118 Transocean Capital Pty Ltd v AFSIG Pty Ltd [2006] NSWSC 806 Category: Procedural and other rulings Parties: AGL Energy Ltd (first applicant/defendant) Midstate Creditcollect Pty Ltd (second applicant/defendant)