NSW Caselaw
Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Gilmore Finance Pty Ltd v Aesthete No 3 Pty Ltd [2019] NSWCA 181 Hearing dates: 19 July 2019 Decision date: 24 July 2019 Before: Simpson AJA Decision: (1) Notice of motion filed on 17 May 2019 dismissed. (2) The applicant to pay the respondent's costs. (3) The proceedings are stood over to the Registrar's list on 5 August 2019. Catchwords: CIVIL PROCEDURE – subpoenas – where appellant suffered ill health and unable to instruct solicitors – where appeal filed out of time – where respondent issues subpoenas to test appellant's evidence – whether documents subject of subpoenas sufficiently relevant to determination of issue – whether subpoenas oppressive Legislation Cited: Evidence Act 1995 (NSW), Pt 3.10 Div 1 Legal Profession Uniform Law Application Act 2014 (NSW), ss 83, 89 Supreme Court Act 1970 (NSW), s 69 Uniform Civil Procedure Rules 2005 (NSW), rr 51.8, 59.10 Cases Cited: Commissioner for Railways v Small (1938) 38 SR (NSW) 564 Griffiths v German [2017] NSWSC 1392 Spencer Motors Pty Ltd v LNC Industries Ltd [1982] 2 NSWLR 921 Category: Procedural and other rulings Parties: Gilmore Finance Pty Ltd (First Appellant) Daniel Moore (Second Appellant) Aesthete No 3 Pty Ltd (Respondent) Representation: Counsel: P Doyle Gray (Appellants) A Fernon (Respondent)
Solicitors: McKays Solicitors (Appellants) Yates Beaggi Lawyers (Respondent) File Number(s): 2018/393204; 2018/393214
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