Chandrasekaran v Western Sydney Local Health District t/as Westmead Hospital [2019] NSWSC 327

Supreme Court New South Wales

Medium Neutral Citation: Chandrasekaran v Western Sydney Local Health District t/as Westmead Hospital [2019] NSWSC 327 Hearing dates: 21 March 2019 Date of orders: 27 March 2019 Decision date: 27 March 2019 Jurisdiction: Common Law Before: Wright J Decision: 1. The amended notice of motion filed on 21 March 2019 is dismissed. 2. The costs of this motion are reserved. Catchwords: CIVIL PROCEDURE – subpoenas – review of decision of the Deputy Registrar to refuse leave to issue subpoenas – application for leave to issue two further subpoenas – interlocutory injunction sought Legislation Cited: Australian Consumer Law (ACL) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Tomko v Palasty (No. 2) (2007) 71 NSWLR 61; [2007] NSWCA 369 Category: Procedural and other rulings Parties: Sujatha Chandrasekaran (Plaintiff) Western Sydney Local Health District t/as Westmead Hospital (First Defendant) Charterhouse Medical Pty Ltd (Second Defendant) Representation: Self-represented (Plaintiff)

Counsel: Mr P Strickland (First Defendant) Ms K Petch (Second Defendant)

Solicitors: Crown Solicitor's Office (First Defendant) Norton Rose Fulbright (Second Defendant) File Number(s): 2018/177874-1

Judgment 1. It is important to note at the outset that the Court is only dealing with the plaintiff's amended notice of motion filed in Court on 21 March 2019. In that document, the plaintiff moved the Court for the following relief: "1 Review of Duty Registrar's decision for refusal to grant leave to issue subpoenas 2 Two further subpoena requests made in the context of both Defendants refusing to respond to Notices to Produce 3 Interlocutory injunction against defendants (and potential defendants) to file further evidence in any form until trial." 1. As the relief sought concerns, in part, the issue of subpoenas it is useful to identify what matters are in issue in these proceedings. These are generally to be discerned from the pleadings.