Supreme Court
New South Wales
Medium Neutral Citation: Lawrence v Sammut (No. 2) [2022] NSWSC 390 Hearing dates: On the papers Date of orders: 05 April 2022 Decision date: 05 April 2022 Jurisdiction: Common Law Before: Lonergan J Decision: (1) 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.
(2) The plaintiff is to pay the defendant’s costs of the application.
Catchwords: CIVIL PROCEDURE – unrepresented litigant – leave to issue subpoenas – documents sought irrelevant to remaining issues in proceedings – no point of principle
Legislation Cited: Civil Procedure Act 2005 NSW
Legal Professional Uniform Law Application Act 2014 (NSW)
Uniform Civil Procedure Rules 2005 (NSW)
Cases Cited: Lawrence v Sammut [2022] NSWSC 344
Secretary of the Department of Planning, Industry and Environment v Blacktown City Council [2021] NSWCA 145
Category: Procedural rulings Parties: Wayne James Lawrence (Plaintiff)
Alice Alexandria Sammut (First Defendant)
Paul William Ciantar (Second Defendant)Representation: Counsel:
Solicitors:
JC McDonald (Defendants)
Self-represented (Plaintiff)
McLean & Associates (Defendants)
File Number(s): 2021/57931 Publication restriction: Nil
Judgment
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These proceedings concern an appeal under s 89 of the Legal Professional Uniform Law Application Act 2014 (NSW) from a determination of a Costs Review PaneI in February 2021.
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The background and relevant history to the proceedings is set out in [1] to [14] of Lawrence v Sammut [2022] NSWSC 344. That judgment concerned the setting aside of notices to produce issued by the plaintiff, and should be read together with this judgment.
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The problems with the notices to produce the subject of that judgment are similar to the problems that apply to the subpoenas now sought to be issued, namely, that the material sought is irrelevant to the issues that remain live before the Court in these proceedings. Those issues are confined to argument regarding the action the Court should take in response to a referee’s report on costs.
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By notice of motion filed 18 March 2022, the plaintiff seeks leave to issue subpoenas to the defendant’s solicitor Karen McLean and Associates, the MWL Financial Group, and Harrison and Gill Chartered Accountants.
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Because he does not have a solicitor acting for him, the plaintiff requires the Court’s leave to issue the subpoenas: Uniform Civil Procedure Rules 2005 (NSW), (UCPR) r 7.3.
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For the reasons that follow, leave is refused.
The Application Material
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The plaintiff’s application is supported by an affidavit affirmed by him on 16 March 2022 appending the proposed subpoenas and a one-page annexure to the Court’s application form for leave to issue subpoenas. This single page appears to comprise his submissions in support of the leave sought, together with two and a half pages of submissions forwarded by email to Chambers on 1 April 2022.
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The Schedule to each subpoena is reproduced exactly as it appears in the subpoena, including numbering, typographical, drafting and punctuation errors, to illustrate the problematic nature of the subpoenas sought to be issued.
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The subpoena to…
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- AGLC
- Lawrence v Sammut (No. 2) [2022] NSWSC 390
- Case
- [2022] NSWSC 390
- Decision Date
CaseChat Overview and Summary
The court held that the documents sought were irrelevant to the remaining issues in the proceedings and that there was no point of principle that would warrant granting leave to issue the subpoenas. The court found that the plaintiff's application was an abuse of process and that the documents were not necessary to the resolution of the case. The court further held that the plaintiff's unrepresented status did not entitle them to any special consideration. The court denied the plaintiff's application for leave to issue the subpoenas.
The court's decision was based on the principle that the courts should not be used as a means of fishing expeditions or to harass other parties in the proceedings. The court found that the plaintiff's application was an abuse of process and that there was no point of principle that would warrant granting leave to issue the subpoenas. The court's decision was not based on the plaintiff's unrepresented status, but rather on the merits of the application itself. The court's decision was final and there was no appeal available to the plaintiff.
Orders
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
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Ratio Decidendi
Legal Principle Established
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