NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Lipperts v Ceerose Pty Ltd [2019] NSWSC 1755 Hearing dates: 18 November 2019 Decision date: 13 December 2019 Jurisdiction: Common Law Before: Button J Decision: (1) The notice of motion of 19 Lyons Road Pty Limited filed on 11 September 2019 is dismissed. (2) Costs reserved. Catchwords: CIVIL PROCEDURE — Subpoenas — Application to set aside by motion of recipient — Whether legitimate forensic purpose demonstrated — Whether subpoena oppressively imprecise — Motion dismissed Legislation Cited: Civil Liability (Third Party Claims Against Insurers) Act 2017 (NSW) Civil Procedure Act 2005 (NSW) Cases Cited: Cobin Ann Moore v Richard McKiernan [2017] NSWSC 1520 Commonwealth Bank of Australia v ACN 076 848 112 Pty Limited [2015] NSWSC 666 Energize Fitness Pty Ltd v Vero Insurance Limited [2012] NSWCA 213 Category: Procedural and other rulings Parties: 19 Lyons Road Pty Ltd (Applicant) Ceerose Pty Ltd (Respondent) Representation: Counsel: A Joseph (Applicant) D A Lloyd (Respondent)
Solicitors: Hickey Law (Applicant) McCabe Curwood (Respondent) File Number(s): 2018/88751
Judgment
Introduction 1. This is an application by way of notice of motion that came before me recently in the Duty List seeking orders to set aside a subpoena, on the grounds that it discloses no legitimate forensic purpose, and also that it is oppressively imprecise.
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