Labruyere v Parsons Brinckerhoff Australia Pty Ltd (No 3) [2019] NSWSC 79
Leave is granted as the documents sought are significant to the assessment of the plaintiff's claimed damages and cannot reasonably be obtained by other means without significant expense or inconvenience.
- Jurisdiction
- Australia
- Judgment Date
- 13 February 2019
- Procedural Posture
- Personal Injury / Interlocutory Application for Leave to Serve Subpoenas in New Zealand
- Outcome
- Leave granted to serve subpoenas in New Zealand
- Legal Topics
- ['subpoenas' 'trans Tasman Proceedings' 'service Outside Jurisdiction' 'damages' 'discovery']
Case Brief
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Procedural Posture
Personal Injury / Interlocutory Application for Leave to Serve Subpoenas in New Zealand
Legal Issues
- 1 ['Whether leave should be granted to serve subpoenas in New Zealand pursuant to s 31 of the Trans-Tasman Proceedings Act 2010 (Cth)' 'Whether the documents sought are significant and could not be obtained without greater expense or inconvenience']
Ratio Decidendi
Leave is granted as the documents sought are significant to the assessment of the plaintiff's claimed damages and cannot reasonably be obtained by other means without significant expense or inconvenience.
Court Disposition
Leave granted to serve subpoenas in New Zealand
Orders
- ['Leave is granted to the first defendant pursuant to s 31 of the Trans-Tasman Proceedings Act 2010 (Cth) to issue and serve subpoenas for production addressed to the recipients listed in the Schedule for service in New Zealand at the addresses listed.' 'The last date for service of each subpoena is 8 February 2019...
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