Liang v University of Technology Sydney (No 2) [2019] NSWSC 956

Liang v University of Technology Sydney (No 2) [2019] NSWSC 956

The subpoenas were set aside because the material sought was either unavailable, irrelevant to the appeal (which must be confined to questions of law), or required acts (verification) beyond a subpoena's proper scope. There was no legitimate forensic purpose for the subpoenas. Ongoing restriction on further subpoenas and an indemnity costs order were justified to protect all parties against further unnecessary procedural steps and costs.

Parties
Plaintiff: Guohua Liang; First Defendant: University of Technology Sydney; Second Defendant: John Colville; Third Defendant: Max Hendriks
Jurisdiction
Australia
Judgment Date
26 July 2019
Procedural Posture
Civil / Interlocutory Application – Applications to Set Aside Subpoenas, Restrain Further Subpoenas, and for Indemnity Costs
Outcome
Subpoenas set aside; leave required for further subpoenas; indemnity costs ordered.
Legal Topics
Adjournment, Subpoenas—setting Aside, Relevance of Evidence, Costs—indemnity Basis
Civil Procedure Adjournment Subpoenas—setting Aside Relevance of Evidence Costs—indemnity Basis

Case Brief

Summary, issues, holding and outcome

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Parties

Guohua Liang

Plaintiff

University of Technology Sydney

First Defendant

John Colville

Second Defendant

Max Hendriks

Third Defendant

Procedural Posture

Civil / Interlocutory Application – Applications to Set Aside Subpoenas, Restrain Further Subpoenas, and for Indemnity Costs

Legal Issues

  1. 1 Whether the two subpoenas issued by the plaintiff should be set aside for lack of relevance and scope
  2. 2 Whether the plaintiff should be prevented from issuing further subpoenas without leave of a judge
  3. 3 Whether indemnity costs should be ordered against the plaintiff

Ratio Decidendi

The subpoenas were set aside because the material sought was either unavailable, irrelevant to the appeal (which must be confined to questions of law), or required acts (verification) beyond a subpoena's proper scope. There was no legitimate forensic purpose for the subpoenas. Ongoing restriction on further subpoenas and an indemnity costs order were justified to protect all parties against further unnecessary procedural steps and costs.

Court Disposition

Subpoenas set aside; leave required for further subpoenas; indemnity costs ordered.

Orders

  • Both subpoenas issued by the plaintiff are set aside.
  • The plaintiff is restrained from obtaining the issue of any further subpoenas without leave of a judge on notice to the defendants.