Loretta Craig & Ors v Anthony Johnson & Ors [2020] NSWSC 423

Supreme Court New South Wales

Medium Neutral Citation: Loretta Craig & Ors v Anthony Johnson & Ors [2020] NSWSC 423 Hearing dates: 19 September 2019 Date of orders: 22 April 2020 Decision date: 22 April 2020 Jurisdiction: Common Law Before: Lonergan J Decision: (1) Pursuant to UCPR 33.4, the subpoena to produce documents issued to Fiona Inverarity filed on 19 June 2019 is set aside. (2) The plaintiffs are to pay the defendants costs of the notice of motion. (3) If the defendants wish to press for an additional order that the costs of the motion are to be paid forthwith, notice in writing must be provided to the solicitor for the plaintiffs within 7 days of this judgment and a timetable agreed within 14 days of judgment for the filing and serving of any necessary evidence and written submissions. (4) A copy of this judgment is to be provided to Ms Inverarity. Catchwords: CIVIL PROCEDURE — subpoenas — application to set aside — abuse of process — objection to production — legal professional privilege — documents sought under subpoena covered by legal professional privilege — documents sought subject to a previous finding of legal professional privilege Legislation Cited: Civil Liability Act 2002 (NSW) Evidence Act 1995 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Grant v Downs (1976) 135 CLR 674; [1976] HCA 63 Loretta Craig & Ors v Anthony Johnson & Ors [2018] NSWSC 1539 Moreay Nominees Pty Ltd v McCarthy (1994) 10 WAR 293 Port of Melbourne Authority v Anshun Pty Ltd (1981) 147 CLR 589; [1981] HCA 45 Rippon v Chilcotin Pty Ltd (2001) 53 NSWLR 198; [2001] NSWCA 142 Category: Procedural and other rulings Parties: Lorretta Kistmah Craig & Ors (Plaintiffs) Anthony Francis Johnson & Ors (Defendants) Representation: Counsel: I Archibald (Plaintiffs) D Lloyd (Defendants)