Aflak v Mowad [2015] NSWDC 432

District Court New South Wales

Medium Neutral Citation: Aflak v Mowad [2015] NSWDC 432 Hearing dates: 6 November 2015 Date of orders: 06 November 2015 Decision date: 06 November 2015 Jurisdiction: Civil Before: P Taylor SC DCJ Decision: (1) Set aside the subpoenas referred to in paragraph 1 of the notice of motion filed by the plaintiff on 8 October 2015 on the condition that the plaintiff produce documents to the defendants in accordance with its offer in the letter dated 8 September 2015 within 14 days of the defendants obtaining the leave referred to in order 1 made by the Judicial Registrar on 12 October 2015 or are otherwise relieved of the consequences of that order. (2) Direct the defendants by 27 November 2015 to file a notice of motion returnable 4 December 2015 together with supporting evidence to obtain leave under or seek relief from the consequences of order 1 made on 12 October 2015, that evidence to include the evidence-in-chief in the defence and the cross-claim on which the defendants propose to rely. (3) Order the defendants to pay the plaintiff's costs of the notice of motion. (4) In the event that there is further default by the defendants, grant leave to the plaintiff to apply for an order that the costs in order (3) be assessed forthwith. (5) Stand the matter over for directions and the hearing of the motion referred to in order (2) on Friday, 4 December 2015 at 9.30am before the Judicial Registrar. Catchwords: CIVIL PROCEDURE — subpoenas — application to set aside – concession regarding limited production – party issuing subpoena in default – costs – indemnity costs Legislation Cited: Contracts Review Act 1980 Category: Procedural and other rulings Parties: Bassam Aflak (plaintiff) Anthony Mowad (first defendant) Antoinette Mowad (second defendant) Representation: Counsel: Mr D Hand (plaintiff)