Mohareb v Palmer [2015] NSWDC 411

District Court New South Wales

Medium Neutral Citation: Mohareb v Palmer [2015] NSWDC 411 Hearing dates: 20 February 2015 Date of orders: 20 February 2015 Decision date: 20 February 2015 Jurisdiction: Civil Before: Gibson DCJ Decision: (1) Defendant's application to strike out the plaintiff's statement of claim is listed for argument before Gibson DCJ on Thursday 5 March 2015 at 2:00pm (estimate 2 hour). (2) Facebook Australia Pty Ltd called outside Court 13D three times at 11:55am – no appearance. Note the correspondence from Facebook Australia Pty Ltd advising that no documents are produced and that they will take no further action in response of the subpoena. (3) Plaintiff's notice of motion filed 2 February 2015 dismissed. Catchwords: PRACTICE AND PROCEDURE – the plaintiff, a litigant in person, issues a subpoena to Facebook without leave and at a premature stage of the litigation – Facebook Australia advises it has no documents to produce – application by plaintiff to order compliance with subpoena refused Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), r 7.3 Cases Cited: Buswell v Carles [2012] WASC 509 Wookey v Quigley (No 5) [2011] WASC 275 Texts Cited: Ritchie's Uniform Civil Procedure NSW Category: Procedural and other rulings Parties: Plaintiff: Nader Mohareb First Defendant: Matt Palmer Second Defendant: Annette Palmer Representation: Counsel: Plaintiff: In person Defendant: Mr M Lewis

Solicitors: Plaintiff: In person Defendant: Kennedys File Number(s): 2014/243522 Publication restriction: None