Robinson v Robinson [2019] NSWCA 180

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Robinson v Robinson [2019] NSWCA 180 Hearing dates: 17 July 2019 Decision date: 17 July 2019 Before: Basten JA Decision: (1) Grant the appellant leave to file in court an amended notice of appeal dated 17 July 2019.

(2) Costs in the appellant's notice of motion of 3 July 2019 to be costs in the cause.

(3) Order that the subpoenas to produce issued on behalf of the appellant directed to:

(a) Bailey Dunleavy of Penmans Solicitors, filed 18 June 2019; and (b) Department of Human Services – Medicare, filed 18 June 2019,

be set aside pursuant to r 33.4 of the Uniform Civil Procedure Rules 2005 (NSW).

(4) The costs of the first respondent's notice of motion of 10 July 2019 will be costs in the proceedings in this Court. Catchwords: CIVIL PROCEDURE – appeal – subpoenas – application to set aside – subpoena seeking evidence of capacity to enter deed – material not put before the primary judge – Court of Appeal unlikely to undertake a trial of evidence not previously considered Legislation Cited: Succession Act 2006 (NSW), ss 95, 96 Supreme Court Act 1970 (NSW), s 75A

Uniform Civil Procedure Rules 2005 (NSW), r 33.4 Category: Procedural and other rulings Parties: Sarah Jane Robinson (Appellant) Leigh Henry Robinson (First Respondent) Timothy John Robinson (Second Respondent) Representation: Counsel: Mr J E F Brown / Mr N Condylis (Appellant) Mr A F Stevens (First Respondent)