Labruyere v Parsons Brinckerhoff Australia Pty Ltd (No 3) [2019] NSWSC 79

Supreme Court New South Wales

Medium Neutral Citation: Labruyere v Parsons Brinckerhoff Australia Pty Ltd (No 3) [2019] NSWSC 79 Hearing dates: 1 February 2019 Date of orders: 01 February 2019 Decision date: 13 February 2019 Jurisdiction: Common Law Before: Lonergan J Decision: 1. Leave is granted to the first defendant pursuant to s 31 of the Trans-Tasman Proceedings Act 2010 (Cth) to issue and serve a subpoena for production addressed to each of the person or entities listed in column 2 of the Schedule attached to the Notice of Motion filed by the first defendant on 17 January 2019 for service in New Zealand at the address listed in respect of the subpoena recipient in column 3 of the Schedule.

2. I note that the last date for service in respect of each subpoena is 8 February 2019 and each subpoena is to be made returnable for 11 March 2019. Catchwords: PROCEDURE – subpoenas – service in New Zealand – personal injury proceedings – relevance of subpoenas to appropriately explore the question of damages – significance of the documents to be produced and the unlikelihood such material would be obtained by other means Legislation Cited: Trans-Tasman Proceedings Act 2010 (Cth), ss 31, 34 Cases Cited: Comeskey v New South Wales Bar Association [2015] NSWSC 12 Category: Procedural and other rulings Parties: John Labruyere (Plaintiff) Parsons Brinckerhoff Australia Pty Limited (First Defendant) Representation: Counsel: Mr H Chiu (First Defendant)

Solicitors: K & L Gates (First Defendant) File Number(s): 2008/289569 Publication restriction: Nil