De Jong v State of New South Wales [2020] NSWSC 99

Supreme Court New South Wales

Medium Neutral Citation: De Jong v State of New South Wales [2020] NSWSC 99 Hearing dates: 18 February 2020 Decision date: 18 February 2020 Jurisdiction: Common Law Before: Adamson J Decision: (1) The plaintiff's subpoenas to produce documents returnable 9 November 2019 issued to Dr Patrick Renshaw, Kooringal Road Surgery, Dr Hanna Mishricky and Dr John Preddy be set aside pursuant to r 33.4 of the Uniform Civil Procedure Rules 2005 (NSW). (2) Orders (2), (3), (5), (7), (9), (10) and (13) of the orders made on 22 October 2019 are varied as set out in (3)-(10) below. (3) The plaintiff is to serve any further report of Professor Tronc by 27 February 2020. (4) The defendant is to serve any further report of Dr Little by 27 March 2020. (5) Direct the parties to confirm that service of expert reports is complete by 30 March 2020. (6) Direct the parties to agree on questions, assumptions and materials for the joint conference by 9 April 2020. (7) Direct that joint conferences are to be held by 30 April 2020. (8) Direct that joint reports are to be provided to the parties and the Court by 29 May 2020. (9) Vacate the directions hearing which was previously listed on 5 May 2020. (10) List the matter for further directions before me at 9.15am on 10 June 2020. (11) The plaintiff to pay the defendant's costs of the notice of motion filed on 16 December 2019. (12) Note that orders (1)-(10) were made by consent of the parties. Catchwords: CIVIL PROCEDURE — Subpoenas — Application to set aside