Henry & Ors v Hazzard [2021] NSWSC 1218

Henry & Ors v Hazzard [2021] NSWSC 1218

The subpoena served on the Proper Officer of the Department of Premier and Cabinet does not have a proper forensic purpose, particularly given the Premier is not a party, the issue is one of law (not fact), and set against the context of urgent case preparation, it is inappropriate to require compliance with such a subpoena.

Parties
First Plaintiff: Natasha Henry; Second Plaintiff: Selina Crowe; Third Plaintiff: Julie Ramos; Fourth Plaintiff: Hohepa Waapu; Fifth Plaintiff: Kamran Khan; Sixth Plaintiff: Sandi Greiner; Defendant: Bradley Hazzard
Jurisdiction
Australia
Judgment Date
24 September 2021
Procedural Posture
Procedural Ruling / Interlocutory Application – Motion to Set Aside Subpoena
Outcome
Subpoena set aside
Legal Topics
Subpoena, Forensic Purpose, Procedural Fairness
Practice and Procedure Subpoena Forensic Purpose Procedural Fairness

Case Brief

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Parties

Natasha Henry

First Plaintiff

Selina Crowe

Second Plaintiff

Julie Ramos

Third Plaintiff

Hohepa Waapu

Fourth Plaintiff

Kamran Khan

Fifth Plaintiff

Sandi Greiner

Sixth Plaintiff

Bradley Hazzard

Defendant

Procedural Posture

Procedural Ruling / Interlocutory Application – Motion to Set Aside Subpoena

Legal Issues

  1. 1 Whether the subpoena directed to the Department of Premier and Cabinet has proper forensic purpose
  2. 2 Whether alleged admission by the Premier is relevant to the issues in the case

Ratio Decidendi

The subpoena served on the Proper Officer of the Department of Premier and Cabinet does not have a proper forensic purpose, particularly given the Premier is not a party, the issue is one of law (not fact), and set against the context of urgent case preparation, it is inappropriate to require compliance with such a subpoena.

Court Disposition

Subpoena set aside

Orders

  • The subpoena addressed to the Proper Officer of the Department of Premier and Cabinet is set aside.