Regina v Obeid [2018] NSWSC 1024

Supreme Court New South Wales

Medium Neutral Citation: Regina v Obeid [2018] NSWSC 1024 Hearing dates: 22 June 2018 Date of orders: 05 July 2018 Decision date: 05 July 2018 Jurisdiction: Common Law - Criminal Before: Beech-Jones J Decision: (1) The accused pay KEPCO Bylong Australia Pty Ltd the sum of $26,980.00 together with interest accruing daily on that amount at a rate of 7.5% per annum from 1 May 2018;

(2) The enforcement of order 1 be stayed until 28 days after the return of the jury's verdict, the entry of any plea of guilty or the cessation of the prosecution of the accused whichever comes first;

(3) In these proceedings, no subpoena may be issued to KEPCO Bylong Australia Pty Ltd on the application of the accused without the leave of a judge of this Court;

(4) The notice of motion filed 13 April 2018 be otherwise dismissed. Catchwords: CRIMINAL PROCEEDINGS – subpoena – issued by accused to third party – widely drafted – accused failed to specify forensic purpose of documents sought – subpoena set aside by consent – third party seeks costs of setting aside and complying with subpoena – power of Supreme Court in proceedings on indictment to order costs against accused in relation to subpoena – whether application to set aside a subpoena was a "civil proceeding" – whether inherent powers of Court enable costs order to be made even if Supreme Court rules do not provide for it – UCPR 34.11 – whether "other relief" includes costs – Held no power to award costs of application to set subpoena aside – assessment of costs of compliance – order for payment made with interest – order stayed until conclusion of trial Legislation Cited: Children (Care and Protection) Act 1987 Civil Procedure Act 2005, ss 3(1), 4(1), 98 Confiscation of Proceeds of Crimes Act 1989 (Cth) Criminal Appeal Act 1912, s 17 Evidence Act 1995, s 140 Mining Act 1992 New South Wales Act 1823 (Imp) (4 Geo IV c 96) Supreme Court Act 1933 (ACT), s 23 Supreme Court Act 1970, ss 17, 22, 23 Supreme Court Rules, Pt 75 Uniform Civil Procedure Rules 2005, rr 33.11(2), 34, Pt 33, 42 Cases Cited: A Pty Ltd v Z [2007] NSWSC 999 ASIC v Sigalla (No 6) [2012] NSWSC 83 Bimson, Roads and Maritime Services v Damorange Pty Ltd (No 2) [2014] NSWSC 827 Commissioner of Corrective Services v Liristis [2018] NSWCA 143 Darcey v Pre-Term Foundation Clinic (1983) 2 NSWLR 497 Deposit and Investment Co Ltd (receivers appointed) v Peat Marwick Mitchell & Co (1996) 39 NSWLR 267 Dietrich v The Queen (1992) 177 CLR 292; [1992] HCA 57 Director of Public Prosecutions v Deeks (1994) 34 NSWLR 523 Director General Department of Community Services v Houdek [1999] NSWSC 1031 Frontier Assets Pty Ltd v Fishburn [2011] NSWSC 334 J Aron Corporation v Newmont Yandal Operations [2004] NSWSC 996 Keramianakis v Regional Publishers Pty Ltd (2009) 237 CLR 268; [2009] HCA 18 Markisic and Anor v Vizza [2002] NSWCCA 53 R v Barbaro (1992) 106 FLR 387 R v JS (No 2) [2007] NSWCCA 309; 179 A Crim R 10 R v Mosley (1992) 28 NSWLR 735 R v Scott (1993) 42 FCR 1 Re Application by John Fairfax Publication Pty Ltd re MSK, MAK, MMK and MRK [2006] NSWCCA 386 Sasterawan v Morris [2010] NSWCCA 91 Shepherd v Bowen (1986) 4 NSWLR 475 Smith v Commissioner of Corrective Services [1978] 1 NSWLR 317 Stanizzo v Complainant [2013] NSWCCA 295 Category: Principal judgment Parties: KEPCO Bylong Australia Pty Ltd (Applicant) Moses Edward Obeid (Respondent) Representation: Counsel: TG Howard SC; S Healy (Applicant) P Lange (Respondent)