SL v Catholic Diocese of Lismore [2020] NSWSC 1203

SL v Catholic Diocese of Lismore [2020] NSWSC 1203

The subpoenas were not set aside because the Court was satisfied that an answer to them was likely to contain material relevant to the plaintiff's credit and credibility and therefore it was on the cards that the documents would materially assist the Diocese of Lismore. The subpoenas sought communications over a relatively short period from the plaintiff's former solicitors, were not equivalent to impermissible discovery from a stranger, and did not require ransacking of records.

Jurisdiction
Australia
Judgment Date
28 August 2020
Procedural Posture
Civil Procedure Application to Set Aside Subpoenas / Notice of Motion Filed 21 July 2020; Ex Tempore Judgment
Outcome
Notice of Motion dismissed; subpoenas fixed for return; each party to pay their own costs of the Notice of Motion.
Legal Topics
['subpoenas' 'application to Set Aside Subpoena' 'legitimate Forensic Purpose' 'credit and Credibility']
['civil Procedure'] ['subpoenas' 'application to Set Aside Subpoena' 'legitimate Forensic Purpose' 'credit and Credibility']

Case Brief

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Procedural Posture

Civil Procedure Application to Set Aside Subpoenas / Notice of Motion Filed 21 July 2020; Ex Tempore Judgment

Legal Issues

  1. 1 ['Whether subpoenas issued to former lawyers for the plaintiff and to Ken Cush & Associates Pty Limited should be set aside under r 33.4 of the Uniform Civil Procedure Rules 2005.' 'Whether the subpoenas had a legitimate forensic purpose in relation to the credit and credibility of the plaintiff.']

Ratio Decidendi

The subpoenas were not set aside because the Court was satisfied that an answer to them was likely to contain material relevant to the plaintiff's credit and credibility and therefore it was on the cards that the documents would materially assist the Diocese of Lismore. The subpoenas sought communications over a relatively short period from the plaintiff's former solicitors, were not equivalent to impermissible discovery from a stranger, and did not require ransacking of records.

Court Disposition

Notice of Motion dismissed; subpoenas fixed for return; each party to pay their own costs of the Notice of Motion.

Orders

  • ['Dismiss the Notice of Motion filed 21 July 2020.' 'Fix the subpoenas for return before the Registrar at 9am on 3 September 2020.' 'Order each party to pay their own costs of the Notice of Motion filed 21 July 2020.']