Preston v Nikolaidis [2020] NSWSC 776

Preston v Nikolaidis [2020] NSWSC 776

The plaintiff failed to satisfy the legal test for access to subpoenaed documents because he did not establish that it was 'on the cards' that the Law Society documents would materially assist his case in the leave application; mere possibilities or speculative assistance did not meet the threshold required.

Jurisdiction
Australia
Judgment Date
19 June 2020
Procedural Posture
Equity / Interlocutory Application—notice of Motion for Access to Subpoenaed Documents
Outcome
Plaintiff's notice of motion for access to subpoenaed documents dismissed.
Legal Topics
['subpoenas' 'access to Documents' 'interlocutory Applications' 'costs Orders' 'limitation of Actions']
['civil Procedure'] ['subpoenas' 'access to Documents' 'interlocutory Applications' 'costs Orders' 'limitation of Actions']

Case Brief

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Procedural Posture

Equity / Interlocutory Application—notice of Motion for Access to Subpoenaed Documents

Legal Issues

  1. 1 ['Whether the plaintiff should be granted access to documents produced by subpoena to the Law Society of New South Wales for the purposes of an application for leave to file a statement of claim seeking to set aside adverse costs orders.']

Ratio Decidendi

The plaintiff failed to satisfy the legal test for access to subpoenaed documents because he did not establish that it was 'on the cards' that the Law Society documents would materially assist his case in the leave application; mere possibilities or speculative assistance did not meet the threshold required.

Court Disposition

Plaintiff's notice of motion for access to subpoenaed documents dismissed.

Orders

  • ["Order that the first plaintiff's notice of motion filed on 17 June 2020 is dismissed." 'Each of the first plaintiff and the defendants to pay their own costs of the application.']