Haynes by her tutor Lindley v Haynes [2020] NSWSC 358

Supreme Court New South Wales

Medium Neutral Citation: Haynes by her tutor Lindley v Haynes [2020] NSWSC 358 Hearing dates: 6 April 2020 Date of orders: 06 April 2020 Decision date: 06 April 2020 Jurisdiction: Common Law Before: Davies J Decision: 1. Leave to the Plaintiff to reproduce and use in evidence in proceedings before the High Court of Justice, Queen's Bench Division, Middlesbrough, United Kingdom, the following documents:

a. Statement of Claim filed in these proceedings;

b. Statement of Particulars filed in these proceedings; and

c. The criminal record of the Defendant produced by the NSW Police Service in answer to Subpoena returnable before this Court on 6 March, 2020.

2. Costs to be costs in the cause. Catchwords: CIVIL PROCEDURE – subpoenas – undertaking in relation to documents produced – whether leave should be granted to use documents in another court – personal injury proceedings seeking damages for sexual abuse by plaintiff's father – father convicted of multiple offences – defendant's criminal record produced under subpoena by NSW Police - Mareva injunction sought in the United Kingdom to prevent dissipation of proceeds of pending sale of defendant's property – where a need for defendant's criminal record to be placed before court in the United Kingdom – leave granted to use criminal record in Mareva injunction proceedings Legislation Cited: Nil Cases Cited: Premier Travel v Satellite Centres of Australia [2004] NSWSC 864 The Home Office v Harman [1983] 1 AC 280 Wellness Pty Limited v Hamilton-Bond and Ors [2002] NSWSC 1259 Category: Procedural and other rulings Parties: Jennifer Margaret Linda Haynes by her tutor Karen Lindley (Plaintiff) Richard John Haynes (Defendant) Representation: Counsel: L Goodchild – ex parte (Plaintiff)