Wilson v Yehaa Pty Limited [2015] NSWDC 433

District Court New South Wales

Medium Neutral Citation: Wilson v Yehaa Pty Limited [2015] NSWDC 433 Hearing dates: 9 October 2015 Date of orders: 09 October 2015 Decision date: 09 October 2015 Jurisdiction: Civil Before: P Taylor SC DCJ Decision: (1) Set aside the subpoenas issued to Calliden Insurance Limited on 27 November 2014 and 17 August 2015 pursuant to Part 33 rule 4 of the Uniform Civil Procedure Rules 2005. (2) By consent and pursuant to Uniform Civil Procedure Rule 5.3(1), order that the applicant, Calliden Insurance Limited, within 14 days give discovery to the plaintiff of all documents recording or conveying the "instructions received" by the applicant in relation to the matter "that the company's vessels must not operate past the designated eastern line of operation (a line between Georges Head and Watson[s] Bay approximately 1.5 kilometres inside the Heads)" referred to in paragraph (c) of the letter by the applicant dated 9 September 2013 to the first defendant. (3) Order that the plaintiff pay the applicant's costs of the notice of motion. (4) Order (3) to be stayed for 3 months and in the event that the applicant is joined in that period, that order (3) not be enforced before the conclusion of the proceedings without further leave of the Court. (5) Stand over the proceedings for further directions on Thursday, 5 November 2015 at 9.30am before the Judicial Registrar. Catchwords: CIVIL PROCEDURE – subpoenas – setting aside – discovery by prospective party – proposed joinder of insurer Legislation Cited: Uniform Civil Procedure Rules 2005, r 5.3, r 33.4 Category: Procedural and other rulings Parties: Calliden Insurance Limited (applicant on notice of motion) David John Wilson (plaintiff/respondent on notice of motion) Yehaa Pty Limited (ACN 093 224 116) formerly known as Oz Jet Boating Pty Ltd (first defendant) Richard Joseph Peipman (second defendant) Representation: Counsel: Mr M Newtown (applicant on notice of motion) Mr K Andrews (plaintiff/respondent on notice of motion)