NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Lindsay-Owen v HWL Ebsworth Lawyers [2017] NSWSC 1692 Hearing dates: 29 November 2017 Date of orders: 29 November 2017 Decision date: 05 December 2017 Jurisdiction: Common Law Before: Rothman J Decision: (1) Subpoena discharged;
(2) Costs to be costs in the cause. Catchwords: Subpoena – 3rd party subpoena issued by defendants – plaintiffs move to strike out as oppressive – not having adjectival relevance – alleged relevant basis inconsistent with pleaded case –subpoena discharged. Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: ICAP Australia Pty Ltd v BGC Partners (Australia) Pty Ltd [2009] NSWCA 307 Malec v JC Hutton Pty Ltd (1990) 169 CLR 638; [1990] HCA 20 One.Tel Ltd (in Liq) - SingTel Optus Pty Ltd v Weston [2010] NSWSC 1491 Portal Software v Bodsworth [2005] NSWSC 1115 Sellars v Adelaide Petroleum NL (1994) 179 CLR 332; [1994] HCA 4 Wran v The ABC [1984] 3 NSWLR 241 Category: Procedural and other rulings Parties: Gregory Hamilton Willoughby Lindsay-Owen (First Plaintiff) Dairycorp Pty Ltd (Second Plaintiff) HWL Ebsworth Lawyers (First Defendant) Martin Downing & Ors as listed in Schedule 1 to the Statement of Claim (Second to 108th Defendants) Representation: Counsel: P Afshar (Plaintiffs) C Bannan (Defendants)
Solicitors: Henry Davis York (Plaintiffs) Gilchrist Connell Legal (Defendants) File Number(s): 2016/00085879
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