De Costi Seafoods (Franchises) Pty Limited and Anor v Wachtenheim and Anor (No 7) [2020] NSWDC 181

District Court New South Wales

Medium Neutral Citation: De Costi Seafoods (Franchises) Pty Limited and Anor v Wachtenheim and Anor (No 7) [2020] NSWDC 181 Hearing dates: 24 February 2020 Date of orders: 25 February 2020 Decision date: 25 February 2020 Jurisdiction: Civil Before: P Taylor SC DCJ Decision: (1) Subpoenas to Lawcover Insurance Pty Ltd, YPOL Pty Limited and Searle & Associates, all filed on 3 February 2020 and issued by Mr Muriniti and Mr Newell be set aside. (2) The respondents, Mr Newell and Mr Muriniti, pay the costs of Lawcover's notice of motion filed 17 February 2020, YPOL's notice of motion filed 18 February 2020 and Searle & Associates' notice of motion filed 24 February 2020 to set aside the subpoenas. Catchwords: CIVIL PROCEDURE — Subpoenas — Application to set aside Cases Cited: National Employers Mutual General Association Ltd v Waind and Hill [1978] 1 NSWLR 372 Category: Procedural and other rulings Parties: Lawcover Insurance Pty Ltd (applicant on notice of motion filed 17 February 2020) YPOL Pty Ltd (applicant on notice of motion filed 18 February 2020) Searle & Associates (applicant on notice of motion filed 24 February 2020) Robert Newell (respondent on notices of motion) Leonardo Muriniti (respondent on notices of motion) Representation: Counsel: Mr A R Zahra (applicant on notice of motion filed 17 February 2020) Mr R A Yezerski (applicant on notice of motion filed 18 February 2020) Mr L Havenstein (applicant on notice of motion filed 24 February 2020)