Nitopi v Nitopi [2016] NSWSC 962

Supreme Court New South Wales

Medium Neutral Citation: Nitopi v Nitopi [2016] NSWSC 962 Hearing dates: 28 June 2016 Date of orders: 28 June 2016 Decision date: 28 June 2016 Jurisdiction: Common Law Before: Hall J Decision: Plaintiff's Notice of Motion seeking to amend Statement of Claim – granted Defendant's Notice of Motion seeking to set aside subpoena – refused Catchwords: PRACTICE AND PROCEDURE – interlocutory issues – statement of claim – late amendments – alleged delay – no prejudice – new proposed causes of action fall within the existing factual substratum of the case as previously pleaded – withdrawal of certain statements made by the plaintiff not a reason to refuse amendment sought – amendments to the statement of claim allowed – PRACTICE AND PROCEDURE – interlocutory issues – setting aside subpoena – relevance – subpoena was not a substitute for discovery – was not impermissible "fishing" – it was "on the cards" that the documents sought had relevance to the loan transaction the subject of the proceedings – application refused – COSTS Legislation Cited: Civil Procedure Act 2005 Cases Cited: Antoniadis v TCN Channel 9 Pty Ltd (1998) 44 NSWLR 682 Aon Risk Services Australia Ltd v ANU (2009) 239 CLR 175 Leotta v Public Transport Commission of NSW (1976) 50 ALJR 666 Trade Practices Commission v Arnotts (No 2) (1989) 88 ALR 90 Category: Procedural and other rulings Parties: Cristina Pirrello Nitopi (Plaintiff) Giuseppe Nitopi (Defendant) Representation: Counsel: J Ireland QC (Plaintiff) H Stitt (Defendant)