Katsikas v Katsikas [2016] NSWSC 1490

Supreme Court New South Wales

Medium Neutral Citation: Katsikas v Katsikas [2016] NSWSC 1490 Hearing dates: 7 October 2016 Decision date: 25 November 2016 Jurisdiction: Equity - Probate List Before: Lindsay J Decision: Orders (including consequential relief) for dismissal of an application for review of a decision by a Registrar, not to set aside a subpoena for production of a computer to the Court, but to adopt, by orders of the Court, a protocol agreed between counsel, for forensic examination of the computer, as bearing upon the authenticity of a controversial email central to a determination of the principal proceedings, in which the applicant (although not a party) has an interest of a proprietary nature and as a critical witness. Catchwords: PROCEDURE - Subpoenas and notice to produce at hearing – Setting aside or other relief – Application to set aside dismissed by registrar – Application for review dismissed

PROCEDURE – Inspection of property - Nature and scope of examination of computer – Forensic testing of authenticity of disputed email - Whether inspection order exceeds what is reasonable Legislation Cited: Succession Act 2006 NSW Uniform Civil Procedure Rules 2005 NSW Cases Cited: Bailey v Bailey (1924) 34 CLR 558 Barry v Butlin (1838) 2 Moo PC 480; 12 ER 1089 In the will of Sheppard [1972] 2 NSWLR 714 Tobin v Ezekiel (2012) 83 NSWLR 757 Tomko v Plasty (No. 2) (2008) 71 NSWLR 61 Re Estate Gowing; Application for Executor's Commission [2014] NSWSC 247 Texts Cited: - Category: Procedural and other rulings Parties: Plaintiff: George Katsikas Defendant/Respondent: Suzanne Katsikas Applicant: Christopher Katsikas Representation: Counsel: Applicant: M Bradford Defendant/Respondent: JEF Brown