NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Yes Family Pty Ltd v Sphere Healthcare Pty Ltd [2016] NSWSC 393 Hearing dates: 5 April 2016 Date of orders: 08 April 2016 Decision date: 08 April 2016 Jurisdiction: Equity Before: Slattery J Decision: Motion for leave to issue the three subpoenas and the notice to produce dismissed with costs. Catchwords: PROCEDURE - preliminary discovery - application for preliminary discovery under Uniform Civil Procedure Rules, r 5.3 – applicant for preliminary discovery brings motion for leave to issue subpoenas and a notice to produce - three documents subpoenaed are the same as the documents being sought on preliminary discovery - whether the issuing of the subpoenas and the notice to produce will bypass the application for preliminary discovery - whether issuing of the subpoenas and the notice to produce would be an abuse of process – whether the subpoenas are otherwise oppressive in form. Legislation Cited: Civil Procedure Act 2005 (NSW), s 56 Conveyancing Act 1919 (NSW), s 129(9) Equity Practice Notice, SC Eq 11 Uniform Civil Procedure Rules (NSW) 2005, r 5.3 Cases Cited: Ian Edward Morton v Nylex Ltd [2007] NSWSC 562 Patonga Beach Holdings Pty Ltd v Lyons [2009] NSWSC 869 Tyco Australia Pty Ltd v Leighton Contractors Pty Ltd [2005] FCAFC 115 Category: Procedural and other rulings Parties: Plaintiff: Yes Family Pty Ltd Defendant: Sphere Healthcare Pty Ltd Representation: Counsel:
Plaintiff: V. Gray Defendant: J. Knackstredt
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