Omega Plumbing Pty Ltd v Harbour Radio Pty Ltd [2020] NSWSC 320

Supreme Court New South Wales

Medium Neutral Citation: Omega Plumbing Pty Ltd v Harbour Radio Pty Ltd [2020] NSWSC 320 Hearing dates: 16 March 2020 Date of orders: 30 March 2020 Decision date: 30 March 2020 Jurisdiction: Common Law Before: Harrison AsJ Decision: The Court orders that:

(1) The subpoena addressed to the Commissioner of the New South Wales Department of Fair Trading is not set aside.

(2) The subpoena addressed to the Proper Officer of the Master Plumbers Association of NSW is not set aside.

(3) The plaintiff's notice of motion filed 21 February 2020 is dismissed.

(4) The plaintiff is to pay the defendants' costs. Catchwords: CIVIL PROCEDURE — Set aside a subpoena — Whether there is a legitimate forensic purpose for which access is sought — Whether it is "on the cards" that the documents will materially assist the defendants' case — Where the plaintiff claims against the defendants in injurious falsehood Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), r 33.4 Cases Cited: Commissioner for Railways v Small (1938) 38 SR 564 Commissioner of Police v Hughes (2009) NSWCA 306 Omega Plumbing Pty Ltd v Harbour Radio Pty Ltd t/as 2GB and 2GB 873 [2019] NSWSC 1576 Palmer Bruyn & Parker v Parsons (2001) 208 CLR 388 R v Saleam [1999] NSWCCA 86 Category: Principal judgment Parties: Omega Plumbing Pty Ltd (Plaintiff) Harbour Radio Pty Ltd (First Defendant) Raymond Morris Hadley (Second Defendant) Representation: Counsel: Mr D Sibtain + Mr J Mack (Plaintiff) Mr M Richardson (Defendants)