[2015] NSWSC 1653
Golden v V'Landys
The plaintiff granted leave to file and serve on Kennedy Australasia Pty Limited by 6 pm on 5 November 2015 a subpoena for production of documents in the form provided to the court on 5 November 2015 (marked MFI 1), such subpoena to be returnable at 10 am on 10 November 2015.
Catchwords
PROCEDURE – ex parte – notice of motion – order for short service – subpoena for production – order made
Judgment
- [1]
HER HONOUR: This is an application for leave to file and serve on the defendant’s former solicitor a subpoena for production of documents, the application being made because it requires short service to be permitted.
- [2]
The application is supported by an affidavit sworn by Mr Lee, the plaintiff’s solicitor, which explains the relevance of the documents sought to be produced to the court for a hearing which is due to commence on 10 November.
- [3]
I have received today a written outline of submissions from the defendant. Having considered what is sought to be subpoenaed and the circumstances in which the need to subpoena the documents has arisen, I am satisfied that justice requires that the leave sought be granted.
- [4]
Accordingly, I order that the plaintiff have leave to file and serve on Kennedy Australasia Pty Limited by 6 pm on 5 November 2015 a subpoena for production of documents in the form provided to the Court on 5 November 2015, which I will now mark MFI 1, such subpoena to be returnable at 10 am on 10 November 2015.