Foley by her next friend Cook v Propix Pty Ltd t/as Jamberoo Action Park [2017] NSWSC 933

Supreme Court New South Wales

Medium Neutral Citation: Foley by her next friend Cook v Propix Pty Ltd t/as Jamberoo Action Park [2017] NSWSC 933 Hearing dates: 6 July 2017 Date of orders: 14 July 2017 Decision date: 14 July 2017 Jurisdiction: Common Law Before: Davies J Decision: (1) On the Plaintiff's Notice of Motion filed 24 May 2017:

(a) I order the Defendant to produce within 14 days from today documents in accordance with paragraph 1(a), and documents in accordance with paragraph 2(a) from the time that any signage relevant to the mid-station of the chairlift was in its present form or position;

(b) Otherwise dismiss the Plaintiff's Notice of Motion;

(c) The Defendant is to pay the Plaintiff's costs of the Notice of Motion.

(2) On the Defendant's Notice of Motion filed 6 June 2017:

(a) Set aside paragraph 1(c), paragraph 2(b) insofar as it calls for production of any document in relation to any period before 2 January 2006 and the period after 2 January 2011, paragraphs 3, 7, 8 and 9 insofar as they call for production of any document with respect to the time after 2 January 2011;

(b) 70% of the costs of the Defendant's Notice of Motion are to be the Defendant's costs in the cause. Catchwords: PRACTICE AND PROCEDURE – subpoenas – personal injury proceedings – chairlift accident – subpoena to defendant for production of documents – subpoena used in lieu of discovery – relevance and admissibility of post-accident documents showing changes to procedures and other post-accident action by defendant – whether subpoena amounts to a "fishing expedition" – parts of subpoena set aside