DD v AA; DD v Lewis; DD v Pp (No 2)
Case
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[2023] NSWCA 260
•31 October 2023
Details
AGLC
Case
Decision Date
DD v AA; DD v Lewis; DD v Pp (No 2) [2023] NSWCA 260
[2023] NSWCA 260
31 October 2023
CaseChat Overview and Summary
The proceedings involved an appellant, DD, and respondents AA, Lewis, and Pp (No 2). DD sought to discharge or vary orders and directions previously given by a Judge of Appeal. The core of the dispute revolved around DD's attempts to introduce new evidence and challenge existing orders through applications for leave to file subpoenas and a notice to produce, as well as seeking to set aside prior judgments.
The primary legal issues before the Court of Appeal were whether to grant DD leave to file and serve subpoenas and a notice to produce, and whether to set aside the orders and judgment made by Griffiths AJA on 22 June 2023. The court also considered a "show cause listing" ordered by the Registrar and the respondents' adjourned notices of motion for summary dismissal.
White JA dismissed the appellant's application for leave to file and serve subpoenas and a notice to produce, finding no issue of principle that would warrant such an order. The application to set aside the 22 June 2023 orders and judgment was stood over to the hearing of the appeal. The court also made directions regarding the disclosure of objections to a report by Dr Dick Quan and the availability of Dr Quan for cross-examination, and ordered the respondents to file submissions in respect of the matters listed for hearing. The costs of the hearing on 9 October 2023 were made costs in the appellant's notice of motion.
The primary legal issues before the Court of Appeal were whether to grant DD leave to file and serve subpoenas and a notice to produce, and whether to set aside the orders and judgment made by Griffiths AJA on 22 June 2023. The court also considered a "show cause listing" ordered by the Registrar and the respondents' adjourned notices of motion for summary dismissal.
White JA dismissed the appellant's application for leave to file and serve subpoenas and a notice to produce, finding no issue of principle that would warrant such an order. The application to set aside the 22 June 2023 orders and judgment was stood over to the hearing of the appeal. The court also made directions regarding the disclosure of objections to a report by Dr Dick Quan and the availability of Dr Quan for cross-examination, and ordered the respondents to file submissions in respect of the matters listed for hearing. The costs of the hearing on 9 October 2023 were made costs in the appellant's notice of motion.
Details
Key Legal Topics
Areas of Law
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Civil Procedure
Legal Concepts
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Appeal
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Costs
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Discovery
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Procedural Fairness
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Summary Judgment
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Most Recent Citation
Doyle v AA; Doyle v Lewis; Doyle v Pp (No 3) [2023] NSWCA 281
Cases Cited
8
Statutory Material Cited
0
AA v PD
[2022] NSWSC 1039
DD v AA; DD v Lewis; DD v PP
[2023] NSWCA 140
DD v PP
[2022] NSWCA 98