Zreika v El Haddad [2017] NSWDC 415

District Court New South Wales

Medium Neutral Citation: Zreika v El Haddad [2017] NSWDC 415 Hearing dates: 5 May 2017 Date of orders: 05 May 2017 Decision date: 05 May 2017 Jurisdiction: Civil Before: P Taylor SC DCJ Decision: (1) Set aside the subpoena to Optus Mobile Pty Ltd filed 29 March 2017. (2) The second defendant pay the plaintiff's costs of the notice of motion. (3) The plaintiff's application for an indemnity costs order paid forthwith is refused. Catchwords: CIVIL PROCEDURE — subpoenas — application to set aside – legitimate forensic purpose – indemnity costs Legislation Cited: Motor Accidents Compensation Act 1999, s 119 Cases Cited: ICAP Australia Pty Ltd v BGC Partners (Australia) Pty Ltd [2009] NSWCA 307 Lowery v Insurance Australia Ltd [2015] NSWCA 303 North Shore Real Estate Pty Ltd v Real Estate Property Management Services Pty Ltd [2017] NSWDC 44 Portal Software v Bodsworth [2005] NSWSC 1115 Category: Procedural and other rulings Parties: Abdul Zreika (plaintiff) Doonya El Haddad (first defendant) Allianz Australia Insurance Limited (second defendant) Representation: Counsel: Mr P A Tierney (plaintiff) Ms S Warren (second defendant)

Solicitors: Withstand Lawyers (plaintiff) McInnes Wilson (second defendant) File Number(s): 2016/330294 Publication restriction: None

Judgment

INTRODUCTION 1. Abdul Zreika sues Doonya El Haddad for damages arising out of a motor vehicle accident. Ms El Haddad's insurer, on its application, was previously joined to the proceedings. It issued a subpoena to Optus Mobile Pty Ltd seeking the mobile phone records of Mr Zreika showing incoming and outgoing calls and texts for the two weeks surrounding the date of the accident. Mr Zreika seeks to set aside the subpoena.