Lawrence v Sammut (No. 2) [2022] NSWSC 390

None of the documents sought have apparent relevance to the remaining issues in the proceedings, which are limited to the Court's response to a referee's report on costs.

Parties: Plaintiff: Wayne James Lawrence; First Defendant: Alice Alexandria Sammut; Second Defendant: Paul William Ciantar
Jurisdiction: Australia
Judgment Date: 05 April 2022
Procedural Posture: Appeal Under S 89 of the Legal Professional Uniform Law Application Act 2014 (nsw) / Application for Leave to Issue Subpoenas in Costs Review Proceedings
Outcome: Application refused with costs.
Legal Topics: Unrepresented Litigant, Subpoenas, Costs Review, Relevance of Documents

Civil Procedure Unrepresented Litigant Subpoenas Costs Review Relevance of Documents

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Parties

Wayne James Lawrence

Plaintiff

Alice Alexandria Sammut

First Defendant

Paul William Ciantar

Second Defendant

Procedural Posture

Appeal Under S 89 of the Legal Professional Uniform Law Application Act 2014 (nsw) / Application for Leave to Issue Subpoenas in Costs Review Proceedings

Legal Issues

1 Whether leave should be granted to an unrepresented plaintiff to issue subpoenas for production of documents in costs review proceedings where the relevance of the material is contested

Ratio Decidendi

None of the documents sought have apparent relevance to the remaining issues in the proceedings, which are limited to the Court's response to a referee's report on costs.

Court Disposition

Application refused with costs.

Orders

The application by the plaintiff for leave to issue subpoenas to Karen McLean and Associates, MWL Financial Group, and Harrison and Gill Chartered Accountants is refused.
The plaintiff is to pay the defendant's costs of the application.