Subpoena Application to Health Department Rejected

The court denied the claimant's request to issue a further subpoena to the Director General of the Department of Health of New South Wales, finding that it was not necessary under the Health Services Act 1997 (NSW).

Supreme Court New South Wales

Medium Neutral Citation: Prothonotary of the Supreme Court of New South Wales v [NAME] (No 11) [2014] NSWSC 1672 Hearing dates: 20 November 2014 Decision date: 20 November 2014 Jurisdiction: Common Law Before: Schmidt J Decision: Adjournment application refused. Catchwords: CONTEMPT OF COURT - alleged contempt before [ADDRESS] proceedings - vexatious litigant - fitness hearing - application for leave to issue a further subpoena - application refused Legislation Cited: Health Services Act 1997 (NSW) Category: Interlocutory applications Parties: Prothonotary of the Supreme Court of New South Wales (Plaintiff) [NAME] (Defendant) Representation: Counsel: [redacted] Solicitors: [redacted] [NAME] (self-represented) File Number(s): 2012/350266 Publication restriction: None

EX TEMPORE Judgment 1HER HONOUR: I do not propose to give [NAME] leave to issue a further subpoena in the terms sought to the Director General of the Department of Health of New South Wales. 2I am not satisfied that is a just or sensible step to take in these proceedings, given the orders which the Court has already made, the subpoenas which have already been issued and the documents which have been produced in response. I do not take the view that it is necessary for a further subpoena to be issued to the Director General of the Department of Health of New South Wales given the provisions of s 17 of the Health Services Act 1997 (NSW) which constitutes Local Health Districts as body corporates. Under that legislative scheme [NAME]'s submission is that ABN numbers exist as a consequence. That they need to be identified in any subpoena which is issued is just not correct and is belied by the fact that the subpoenas which have been served, have been responded to. 3That application is, accordingly, refused.

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