Gersbach v Gersbach (No 3) [2016] NSWSC 119

Supreme Court New South Wales

Medium Neutral Citation: Gersbach v Gersbach (No 3) [2016] NSWSC 119 Hearing dates: 16 February 2016 Date of orders: 14 April 2016 Decision date: 21 June 2016 Jurisdiction: Common Law Before: Harrison AsJ Decision: The Court orders that:

(1) The plaintiff's notice of motion filed 4 December 2015 is dismissed.

(2) The subpoena issued by the plaintiff's solicitor addressed to the defendant dated 22 September 2015 is set aside.

(3) Costs are reserved. Catchwords: PROCEDURE – civil – application to inspect property with photographer – whether necessary for proper determination of any matter in issue

PROCEDURE – civil – application to set aside subpoena – subpoena sought family photographs from 1987 to date for purpose of assessing interaction between family members – time period too broad Legislation Cited: Civil Procedure Act 2005 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: AJ Lucas Operations Proprietary Limited v CPW Trailer Sales and Repairs Proprietary Limited [2013] NSWSC 2053 Attorney-General (NSW) v Dylan Chidgey [2008] NSWCCA 65; 182 A Crim R 536 The City of Sydney v Streetscape Projects (Australia) Pty Limited & Anor [2011] NSWSC 364 The Commissioner for Railways v Small (1938) 38 SR 564 Category: Procedural and other rulings Parties: Jayne Ellen Gersbach (Plaintiff) Rodney John Gersbach (Defendant) Representation: Counsel: M McAuley (Plaintiff) GP McNally SC (Defendant)