Lu v Minter (No 2)

[2021] NSWDC 503

District Court

New South Wales

Medium Neutral Citation:

Lu v Minter (No 2) [2021] NSWDC 503

Hearing dates:

23 September 2021

Date of orders:

23 September 2021

Decision date:

23 September 2021

Jurisdiction:

Civil

Before:

Gibson DCJ

Decision:

Order:

(1) Plaintiff’s application for leave under UCPR r 7.3 to issue two subpoenae to give evidence and five subpoenae to produce documents refused.

Catchwords:

TORT – defamation – defendants bring application for summary dismissal of the plaintiff’s claim on the basis of hopeless pleading errors - self-represented plaintiff issues subpoenae to the defendants and third parties to give evidence and produce documents – leave under UCPR r 7.3 required for litigants in person to issue subpoenae – leave refused.

Legislation Cited:

Uniform Civil Procedure Rules (UCPR) rule 7.3

Civil Procedure Act 2005 (NSW) s 56

Cases Cited:

Buswell v Carles [2012] WASC 509

Lu v Minter (District Court (NSW), 12 August 2021, unrep

Mallegowda v Sood [2013] NSWDC 98

NSW Commissioner of Police v Tuxford [2002] NSWCA 139

Rush v Nationwide News Pty Ltd [2018] FCA 357

Walsh v Bennetts (No 2) [2015] WASC122

Category:

Procedural rulings

Parties:

Plaintiff:
Min Lu

Defendants:
1st Defendant: Rick Minter
2nd Defendant: Bronwyn Greene
3rd Defendant: Tara Murphy
4th Defendant: Felix Ter Chian Tan
5th Defendant: Lemuria Carter
6th Defendant: Paul Ajnas
7th Defendant: Yenni Tim

Representation:

Counsel:
Defendants: Mr T Senior

Solicitors:
Defendants: Banki Haddock Fiora

File Number(s):

2020/00279718

Judgment

1. The plaintiff, who is self-represented, has provided the court with a notice of motion (unfiled) seeking the following orders:

1. leave to issue subpoenas pursuant to UCPR r 7.3;

2. waiver of the filing fees.

2. The application is supported by an affidavit of Ms Lu dated 1 September 2021.

3. The plaintiff’s application was referred to me as I am case-managing the defendants’ application for summary dismissal of these proceedings. This application was adjourned part-heard by Judge Wilson SC DCJ on 29 March 2021 to enable a referral of the plaintiff to the pro bono scheme. As is set out below, attempts by the court and by the NSW Bar Association to assist the plaintiff have to date been unsuccessful and the defendants’ summary dismissal application remains before the court for hearing.

4. The plaintiff provides 7 “subpoena requests”, in the form of draft subpoenae, in relation to certain of the defendants and to third parties, including the NSW Police Service. These proposed subpoenae are as follows:

1. A subpoena to Ms Arena (a proposed new defendant) to give evidence. The affidavit in support does not indicate the evidence in question.

2. A subpoena to the first defendant, Mr Minter, to give evidence. The affidavit in support does not indicate the evidence in question.

3. A subpoena to produce addressed to Mr Tony Grech of the New South Wales Police Service. This seeks the following:

1. “Please provide the details including dates of what Rick Minter orally or written [sic] conveyed to you about the plaintiff Min Lu (Yolanda Lu) by each time.”

2. “Please provide the details of what Tara…