Hibbert v Nationwide News Pty Ltd (No. 2) [2016] NSWDC 206

District Court New South Wales

Medium Neutral Citation: Hibbert v Nationwide News Pty Ltd (No. 2) [2016] NSWDC 206 Hearing dates: 8 September 2016 Date of orders: 08 September 2016 Decision date: 08 September 2016 Jurisdiction: Civil Before: Gibson DCJ Decision: (1) Manly-Warringah Sea Eagles Limited called outside Court 13D three times at 10:55am – No appearance. (2) An order that an authorised officer of Manly-Warringah Sea Eagles Limited ("the producing party") attend court on Thursday 6 October 2016 for the purpose of examination in relation to the producing party's compliance with the defendants' subpoena issued 28 April 2016. (3) Matter stood over to the Defamation List on Thursday 6 October 2016. (4) Costs of this application reserved. (5) Liberty to apply. Catchwords: PRACTICE AND PROCEDURE – subpoena for production issued by defendants to third party ("the producing party") – asserted failure by the producing party to comply over a period of six months – application for an authorised officer of the producing party to attend court for the purpose of examination in relation to the producing party's asserted failure to comply with the defendants' subpoena – producing party fails to attend court when the application is listed – whether application should proceed in the absence of the producing party – whether the defendants can establish sufficient failure to comply with the subpoena to warrant the making of an order for an authorised officer of the producing party to attend – order made for the producing party's authorised officer to attend court for the purpose of examination in relation to compliance with the subpoena Legislation Cited: Civil Procedure Act 2005 (NSW), s 56 Uniform Civil Procedure Rules 2005 (NSW), rr 29.7, 33.6, 33.12 and 42.27 Cases Cited: Commissioner for Railways v Small (1938) 38 SR (NSW) 564 Hexiva Pty Ltd v Lederer [2006] NSWSC 561 Iacullo v Remly Pty Ltd [2010] NSWSC 980 O'Born v Commissioner for Government Transport (1960) 77 WN (NSW) 81 Satz v ACN 069 808 957 Pty Ltd [2010] NSWSC 356 Trade Practices Commission v Arnotts Limited (1989) 88 ALR 90 Category: Procedural and other rulings Parties: Plaintiff: Darren Hibbert First Defendant/First Applicant: Nationwide News Pty Ltd Second Defendant/Second Applicant: Josh Massoud Respondent: Manly-Warringah Sea Eagles Limited Representation: Counsel: Defendants/Applicants: Ms L Barnett Respondent: No appearance