Liang v University of Technology Sydney (No 2) [2019] NSWSC 956

Supreme Court New South Wales

Medium Neutral Citation: Liang v University of Technology Sydney (No 2) [2019] NSWSC 956 Hearing dates: 26 July 2019 Decision date: 26 July 2019 Jurisdiction: Common Law Before: R A Hulme J Decision: 1. Subpoenas set aside 2. Leave of a judge required for any further subpoenas 3. Indemnity costs ordered Catchwords: CIVIL PROCEDURE – hearings – adjournment – asserted grounds for adjournment irrelevant to application – application refused CIVIL PROCEDURE – subpoenas – application to set aside – categories of material either unavailable or irrelevant – verification of material beyond scope of what subpoena can do – no legitimate forensic purpose – subpoenas set aside – plaintiff restrained from obtaining issue of further subpoenas without leave of judge on notice to defendants COSTS – party/party – bases of quantification – indemnity basis – merits of application accepted – application granted Cases Cited: Commissioner for Fair Trading v Jonval Builders Pty Limited & Ors [2017] NSWSC 1045 Liang v University of Technology Sydney [2018] NSWSC 1740 Category: Procedural and other rulings Parties: Guohua Liang (Plaintiff) University of Technology Sydney (First defendant) John Colville (Second defendant) Max Hendriks (Third defendant) Representation: Counsel: Plaintiff (Self-represented) Defendants (Mr A Flecknoe-Brown)

Solicitors: Barry Nilsson Lawyers (Defendants) File Number(s): 2018/329329