Pevey v Jones Lang Lasalle (NSW) Pty Ltd [2016] NSWSC 45

Pevey v Jones Lang Lasalle (NSW) Pty Ltd [2016] NSWSC 45

The original subpoena was excessively broad and could not be sustained by reference to the issues in the proceedings. The lighting category could not be justified by reference to the second defendant's knowledge of lighting standards because the second defendant admitted knowledge of the applicable Australian Standard, but documents concerning erection, installation and operation of lighting towers at Pemulwuy Marketplace between 1 January 2009 and 31 December 2012 were relevant to whether lighting towers were a feasible and reasonably available precaution at Greystanes. The car park surface category was relevant only if confined to the surface of the Greystanes Shopping Centre car park,...

Jurisdiction
Australia
Judgment Date
02 February 2016
Procedural Posture
Notice of Motion to Set Aside Subpoena to Produce Documents / Procedural Ruling
Outcome
Motion substantially successful; original subpoena to be set aside, with any substituted subpoena to be confined consistently with the judgment; first defendant to pay the second defendant's costs of the Motion.
Legal Topics
['subpoena to Produce Documents' 'relevance to a Fact in Issue' 'fishing' 'oppressive Subpoena' 'costs Follow the Event' 'indemnity or Contribution']
['civil Procedure' 'costs' 'negligence' 'personal Injury'] ['subpoena to Produce Documents' 'relevance to a Fact in Issue' 'fishing' 'oppressive Subpoena' 'costs Follow the Event' 'indemnity or Contribution']

Case Brief

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Procedural Posture

Notice of Motion to Set Aside Subpoena to Produce Documents / Procedural Ruling

Legal Issues

  1. 1 ['Whether the modified subpoena sought documents relevant to a fact in issue.' 'Whether the scope and reach of the subpoena were oppressive.' 'Whether paragraph 2 of the subpoena concerning lighting should be allowed, narrowed or set aside.' 'Whether paragraph 3 of the subpoena concerning the car park surface should be allowed, narrowed or set aside.' "Whether the first defendant should pay the second defendant's costs of the Motion."]

Ratio Decidendi

The original subpoena was excessively broad and could not be sustained by reference to the issues in the proceedings. The lighting category could not be justified by reference to the second defendant's knowledge of lighting standards because the second defendant admitted knowledge of the applicable Australian Standard, but documents concerning erection, installation and operation of lighting towers at Pemulwuy Marketplace between 1 January 2009 and 31 December 2012 were relevant to whether lighting towers were a feasible and reasonably available precaution at Greystanes. The car park surface category was relevant only if confined to the surface of the Greystanes Shopping Centre car park,...

Court Disposition

Motion substantially successful; original subpoena to be set aside, with any substituted subpoena to be confined consistently with the judgment; first defendant to pay the second defendant's costs of the Motion.

Orders

  • ['Counsel to bring in short minutes of order.' "Order the first defendant to pay the second defendant's costs of the Motion."]