Huang v Drumm [2017] NSWSC 949

Supreme Court New South Wales

Medium Neutral Citation: Huang v Drumm [2017] NSWSC 949 Hearing dates: 14 July 2017 Decision date: 14 July 2017 Jurisdiction: Common Law Before: Adamson J Decision: 1. Refuse leave to the plaintiff to appeal against the decision of Barnett LCM dismissing the plaintiff's application for leave for a subpoena to be issued to Mr Kumar. 2. Order the plaintiff to pay the defendant's costs of the proceedings in this Court. Catchwords: PRACTICE AND PROCEDURE – application for appeal against interlocutory decision of the Local Court – whether leave should be granted to appeal against magistrate's decision to refuse application for leave to issue subpoena – HELD – leave refused – no issue of principle – no injustice shown – no error identified in magistrate's exercise of discretion to refuse issue of subpoena on sixth day of hearing Legislation Cited: Civil Procedure Act 2005 (NSW), ss 56, 57, 58 Evidence Act 1995 (NSW), s 103 Local Court Act 2007 (NSW), s 40 Uniform Civil Procedure Rules 2005 (NSW), r 7.3 Cases Cited: Gibson v Drumm [2016] NSWCA 206 Hession v Century 21 South Pacific Ltd (in liq) (1992) 28 NSWLR 120 Liristis v Gadelrabb [2009] NSWSC 441 Toppro Pty Ltd v Yoo [2016] NSWCA 119 Category: Principal judgment Parties: Biru Huang (Plaintiff) Bernard Joseph Drumm as trustee for the Corporate Consulting Services Trust (Defendant) Representation: Counsel: Plaintiff in person D Elliot (Defendant)