Joan Street & 7 ors v Luna Park Sydney Pty Ltd & 1 or [2006] NSWSC 95

Joan Street & 7 ors v Luna Park Sydney Pty Ltd & 1 or [2006] NSWSC 95

The plaintiffs had standing to seek to set aside the subpoenas because UCPR r 33.4(1) permits an application by a party, and in any event a party has a sufficient interest in the regular conduct of proceedings. The subpoenas were not set aside because documents concerning costs sharing, indemnity, apportionment or litigation funding could potentially be relevant to the plaintiffs' state of mind and the costs issue, namely whether earlier warning of legislative intervention would have altered their preparation of the proceedings.

Jurisdiction
Australia
Judgment Date
09 February 2006
Procedural Posture
Civil Proceedings Involving Subpoenas, Notices to Produce and Discovery / Hearing of Notices of Motion
Outcome
The plaintiffs' Notice of Motion to set aside the subpoenas was dismissed with costs; the subpoenas were stood over; the defendants obtained discovery orders on their motion; and the matter was stood over for mention.
Legal Topics
['subpoenas' 'notices to Produce' 'standing to Set Aside Subpoena' 'relevance' 'discovery' 'costs']
['civil Procedure' 'evidence'] ['subpoenas' 'notices to Produce' 'standing to Set Aside Subpoena' 'relevance' 'discovery' 'costs']

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Procedural Posture

Civil Proceedings Involving Subpoenas, Notices to Produce and Discovery / Hearing of Notices of Motion

Legal Issues

  1. 1 ['Whether the plaintiffs had standing to apply to set aside subpoenas addressed to third parties.' 'Whether the subpoenas should be set aside on the basis that the documents sought were not relevant to any issue in the proceedings.' "Whether the plaintiffs should give discovery of documents specified in the defendants' draft Notice to Produce."]

Ratio Decidendi

The plaintiffs had standing to seek to set aside the subpoenas because UCPR r 33.4(1) permits an application by a party, and in any event a party has a sufficient interest in the regular conduct of proceedings. The subpoenas were not set aside because documents concerning costs sharing, indemnity, apportionment or litigation funding could potentially be relevant to the plaintiffs' state of mind and the costs issue, namely whether earlier warning of legislative intervention would have altered their preparation of the proceedings.

Court Disposition

The plaintiffs' Notice of Motion to set aside the subpoenas was dismissed with costs; the subpoenas were stood over; the defendants obtained discovery orders on their motion; and the matter was stood over for mention.

Orders

  • ['The Notice of Motion is dismissed with costs.' "The four subpoenas are stood over to the Registrar's Subpoena List on 16 February 2006." "On the defendants' Notice of Motion filed on 19 January 2006, the plaintiffs are to give discovery to the defendants of the documents specified within the classes identified in...