Golden v V'Landys [2015] NSWSC 1653

Supreme Court New South Wales

Medium Neutral Citation: Golden v V'Landys [2015] NSWSC 1653 Hearing dates: 5 November 2015 Date of orders: 05 November 2015 Decision date: 05 November 2015 Jurisdiction: Common Law Before: Schmidt J Decision: The plaintiff granted leave to file and serve on Kennedy Australasia Pty Limited by 6 pm on 5 November 2015 a subpoena for production of documents in the form provided to the court on 5 November 2015 (marked MFI 1), such subpoena to be returnable at 10 am on 10 November 2015. Catchwords: PROCEDURE – ex parte – notice of motion – order for short service – subpoena for production – order made Category: Procedural and other rulings Parties: Joseph Golden (Plaintiff) Peter V'Landys (First Defendant) Racing New South Wales (Second Defendant) Representation: Counsel: Mr D Sweeney (Plaintiff)

Solicitors: Koffels Solicitors (Plaintiff) File Number(s): 2013/140063 Publication restriction: None

EX TEMPORE Judgment 1. HER HONOUR: This is an application for leave to file and serve on the defendant's former solicitor a subpoena for production of documents, the application being made because it requires short service to be permitted. 2. The application is supported by an affidavit sworn by Mr Lee, the plaintiff's solicitor, which explains the relevance of the documents sought to be produced to the court for a hearing which is due to commence on 10 November. 3. I have received today a written outline of submissions from the defendant. Having considered what is sought to be subpoenaed and the circumstances in which the need to subpoena the documents has arisen, I am satisfied that justice requires that the leave sought be granted. 4. Accordingly, I order that the plaintiff have leave to file and serve on Kennedy Australasia Pty Limited by 6 pm on 5 November 2015 a subpoena for production of documents in the form provided to the Court on 5 November 2015, which I will now mark MFI 1, such subpoena to be returnable at 10 am on 10 November 2015.