Tagg v Pickering (No 2) [2015] NSWSC 1977

Tagg v Pickering (No 2) [2015] NSWSC 1977

The proposed connection between the defendant's cross-claim, any improper purpose in bringing it, and possible insurance cover for legal expenses was pure speculation; paragraph 2 of the subpoena was plainly a fishing exercise and should be set aside pursuant to r 33.4 of the Uniform Civil Procedure Rules 2005 (NSW).

Jurisdiction
Australia
Judgment Date
11 December 2015
Procedural Posture
Defamation Proceedings / Defendant's Notice of Motion Seeking to Have Subpoenas Set Aside or Access to Documents Refused
Outcome
Paragraph 2 of the Schedule to the subpoena to Ryde City Council was set aside.
Legal Topics
['subpoenas' 'uniform Civil Procedure Rules 2005 (nsw), R 33.4' 'fishing Exercise']
['practice and Procedure' 'defamation'] ['subpoenas' 'uniform Civil Procedure Rules 2005 (nsw), R 33.4' 'fishing Exercise']

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Procedural Posture

Defamation Proceedings / Defendant's Notice of Motion Seeking to Have Subpoenas Set Aside or Access to Documents Refused

Legal Issues

  1. 1 ["Whether the plaintiff could, by subpoena to the secretary of Ryde City Council, obtain correspondence about any agreement to pay William Pickering's legal expenses in respect of the defamation action between 21 February 2015 and 21 October 2015."]

Ratio Decidendi

The proposed connection between the defendant's cross-claim, any improper purpose in bringing it, and possible insurance cover for legal expenses was pure speculation; paragraph 2 of the subpoena was plainly a fishing exercise and should be set aside pursuant to r 33.4 of the Uniform Civil Procedure Rules 2005 (NSW).

Court Disposition

Paragraph 2 of the Schedule to the subpoena to Ryde City Council was set aside.

Orders

  • ['Paragraph 2 of the Schedule to the subpoena to Ryde City Council is set aside pursuant to r 33.4 of the Uniform Civil Procedure Rules 2005 (NSW).' 'Orders 1, 2 and 3 in the notice of motion filed 4 December 2015.']