Giles Payne & Co v Penson [2016] NSWDC 72

District Court New South Wales

Medium Neutral Citation: Giles Payne & Co v Penson [2016] NSWDC 72 Hearing dates: 18 March 2016 Date of orders: 18 March 2016 Decision date: 18 March 2016 Jurisdiction: Civil Before: Neilson DCJ Decision: Clause (3) to the schedule of the subpoena for production, sealed on 16 February 2016, issued at the request of the appellant and addressed to the first and second respondents in these proceedings set aside

Appellant to pay the respondents' costs of the motion

Costs thrown away on 11 March 2016 are the respondents' costs in the notice of motion

Stood over for directions on Friday 13 May 2016 Catchwords: PRACTICE AND PROCEDURE – Motion to set aside, in part, subpoena issued by Appellant – Principal proceedings appeal against decision of costs review panel – Appellant wishes to view electronic documents which record each piece of work done by each practitioner or employee in the respondent firm – Relief sought in appeal is remitter for fresh determination, therefore appellant cannot agitate, on appeal, the quantum of charges made or whether the services were provided – Category of documents which the appellant seeks is irrelevant and extraneous to the appeal

COSTS – Costs of motion to set aside, in part, subpoena issued by appellant – Appellant sought costs of preparation of meeting whole of subpoena – Limiting of issues would have be anticipated by any reasonable person upon reading affidavit supporting motion – Litigant in person must act reasonably, must act rationally, must act coherently and must read carefully the material presented – Costs ought to follow event Legislation Cited: Legal Profession Act 2004 Legal Professional Uniform Law Application Act 2014 Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Penson v Joseph John Gilles trading as Giles Payne & Co [2013] NSWSC 1796 Category: Procedural and other rulings Parties: Joseph John Gilles trading as Giles Payne & Co (Applicant/Respondent) Shirely Penson (Respondent/Appellant) Representation: Mr L Fermanis (Applicant/Respondent) In person (Respondent/Appellant) File Number(s): 2015/00274066 Publication restriction: No