PQ (a pseudonym) v The Law Society of New South Wales (No 4) [2021] NSWSC 459

PQ (a pseudonym) v The Law Society of New South Wales (No 4) [2021] NSWSC 459

The plaintiff was not legally entitled to production of documents by the Commissioner due to the operation of ss 467 and 468 of the Uniform Law. Costs follow the event, thus the plaintiff is to pay the Commissioner's costs for the notice of motion. No costs order is made for the 30 April 2021 appearance as it was at the Court's request.

Parties
Plaintiff: PQ (a pseudonym); First Defendant: The Law Society of New South Wales; Second Defendant: The College of Law Limited; Third Defendant: Office of the Legal Services Commissioner; Fourth Defendant: Council of the Law Society of New South Wales
Jurisdiction
Australia
Judgment Date
30 April 2021
Procedural Posture
Civil Procedure / Procedural Ruling on Costs Following Objection to Production; Determination of Party Status
Outcome
Notice of motion dismissed; costs orders made.
Legal Topics
Subpoenas, Objection to Production, Costs Orders, Non Compellability, Party Status
Civil Procedure Subpoenas Objection to Production Costs Orders Non Compellability Party Status

Case Brief

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Parties

PQ (a pseudonym)

Plaintiff

The Law Society of New South Wales

First Defendant

The College of Law Limited

Second Defendant

Office of the Legal Services Commissioner

Third Defendant

Council of the Law Society of New South Wales

Fourth Defendant

Procedural Posture

Civil Procedure / Procedural Ruling on Costs Following Objection to Production; Determination of Party Status

Legal Issues

  1. 1 Whether the New South Wales Legal Services Commissioner is compellable to produce documents in response to a subpoena
  2. 2 Whether costs should follow the event regarding the notice of motion
  3. 3 Determination of third defendant's status in proceedings and costs for appearance

Ratio Decidendi

The plaintiff was not legally entitled to production of documents by the Commissioner due to the operation of ss 467 and 468 of the Uniform Law. Costs follow the event, thus the plaintiff is to pay the Commissioner's costs for the notice of motion. No costs order is made for the 30 April 2021 appearance as it was at the Court's request.

Court Disposition

Notice of motion dismissed; costs orders made.

Orders

  • The plaintiff to pay the New South Wales Legal Services Commissioner's costs of the plaintiff's notice of motion filed on 18 March 2021.
  • Make no order as to the New South Wales Legal Services Commissioner's costs of 30 April 2021.