Mohareb v Palmer [2015] NSWDC 411

Mohareb v Palmer [2015] NSWDC 411

The plaintiff, being self-represented, issued a subpoena without leave in contravention of UCPR r 7.3. Facebook Australia Pty Ltd does not possess the requested documents, which were also sought in overly broad terms. The subpoena was premature, and the plaintiff's notice of motion for enforcement of the subpoena is dismissed.

Parties
Plaintiff: Nader Mohareb; First Defendant: Matt Palmer; Second Defendant: Annette Palmer
Jurisdiction
Australia
Judgment Date
20 February 2015
Procedural Posture
Civil / Interlocutory Application—notice of Motion and Subpoena Dispute
Outcome
Plaintiff's notice of motion dismissed. Defendant's application to strike out statement of claim listed for hearing. No costs ordered.
Legal Topics
Subpoena, Litigant in Person, Leave to Issue Subpoena, Premature Subpoena, Striking Out Statement of Claim
Civil Procedure Subpoena Litigant in Person Leave to Issue Subpoena Premature Subpoena Striking Out Statement of Claim

Case Brief

Summary, issues, holding and outcome

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Parties

Nader Mohareb

Plaintiff

Matt Palmer

First Defendant

Annette Palmer

Second Defendant

Procedural Posture

Civil / Interlocutory Application—notice of Motion and Subpoena Dispute

Legal Issues

  1. 1 Whether plaintiff, a litigant in person, could issue a subpoena without leave under UCPR r 7.3
  2. 2 Whether Facebook Australia Pty Ltd was obliged to comply with the subpoena addressed to it
  3. 3 Whether the subpoena was premature and amounted to a fishing expedition

Ratio Decidendi

The plaintiff, being self-represented, issued a subpoena without leave in contravention of UCPR r 7.3. Facebook Australia Pty Ltd does not possess the requested documents, which were also sought in overly broad terms. The subpoena was premature, and the plaintiff's notice of motion for enforcement of the subpoena is dismissed.

Court Disposition

Plaintiff's notice of motion dismissed. Defendant's application to strike out statement of claim listed for hearing. No costs ordered.

Orders

  • Defendant's application to strike out the plaintiff's statement of claim is listed for argument on 5 March 2015.
  • Facebook Australia Pty Ltd called and did not appear; correspondence noted that no documents are produced and no further action will be taken in response to the subpoena.