Lu v Minter

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 Murphy orally or written [sic] conveyed to you about the plaintiff Min Lu (Yolanda Lu) by each time." 3. "Please provide names and contexts of any other people conveyed to you regarding to the plaintiff [sic]." 4. "Please provide all other details you know regarding the plaintiff and this case." 1. A subpoena to produce addressed to the fourth defendant, Mr Tan, seeking the following: 1. "Please provide the name of the lady staff who called the security to attend on 17 October 2018." 2. Please provide the name of the lady staff who made the incident report with you on 18 October 2018 for the incident 203304, with the title of "criminal threatening behaviour harassment." 3. "Please provide the message or statements from all too Yenni Tim, Christian Van Toorn and security staff on 17 October 2018." 4. "Please provide the email, sent from your email [redacted] on 28 Fairbury 2019 1:51 PM to Paul Ajnas, CC to Tara Murphy and Lemuria Carter, with the title 'Re: application for internal review on revocation license'; 'I would not like to attend a mediation…(to be released) [sic]." 5. "Please provide the email sent to HR around Friday, 11 October 2019 regarding my case and me." 6. "Please provide the email sent on 28 February 2019 1:51 PM to Paul Ajnas and cc to Tara Murphy, Lemuria Carter, with the title of 'Re: application for internal review on revocation license' [sic]." 7. "Please provide the email sent from you to Alison Richards and cc to Paul Ajnas on 20 March in 2019 1:01 PM, with the title of 'Re: Yolanda - revocation of license'." 8. "Please provide any purported concern made on 23 September 2016 to Christopher Evans regarding to this case, if you did [sic]." 9. "Please provide the report required and sent to the security department after the incident happened on 17 October 2018." 10. Please provide all other correspondents [sic], communications or reports between you and others regarding me and the case including any students or any other people, especially for the following staff members [the names of the first fifth and sixth defendants are provided, as well as 'Christina Van Toorn', "HR" and 'solicitor']." 1. A subpoena to produce addressed to the second defendant, Mr Greene seeking the following: 1. "Please provide the contents of the discussion with Julia Lines regarding the restrictions on the plaintiff based on the wrong student profile who graduated in 2002." 2. "Please provide the details and names of decision-makers to expel and place the human rights restrictions on the plaintiff and the nature of the case." 3. "Please provide all details regarding the lady who called the security and her statements from 17 October 2018." 4. "Please provide the details about that [sic] Ms Arena requested a threat assessment against the plaintiff and whether you approved it or not." 5. "Please provide the details and contents what [sic] you discussed orally with Rick Minter or Tara Murphy to classify the plaintiff as the "fixated person unit". 6. Please provide all corresponds [sic] and speech with all people regarding about [sic] the plaintiff and this case, especially including the external parties against the plaintiff." 7. "Please provide details why Paul suggested you to [sic] force the plaintiff to send emails to one email address only in 2020." 8. "Please provide details why the request of mediation with Tara Murphy, Yenni Tim and Lemuria Carter was not organised." 9. "Why the complaint team did not provide the appeal details to the plaintiff and you requested to report to the fixated person unit (FPIU)." 1. A subpoena to produce to the fifth defendant Ms Carter seeking the following: 1. "Please provide all details about the incident of 17 October 2018, including the name of the academic lady staff." 2. "Please provide the details about you purported [sic] an incident of September 2016 you published to others on 31 October 2018." 3. "Please provide all details and decision of the meeting on 31 October 2018. Please provide all names of staff member [sic] had the meeting with you on 31 October 2018." 4. "Please provide the name(s) of the decision-maker of the exclusion and human right restrictions on the plaintiff on 1 November 2018, 1 April 2019, 26 July 2019 and 29 August 2020." 5. "Please provide all corresponds [sic] from the University or HR department for your purported instructions regarding the plaintiff." 6. "Please provide the reason why you removed the plaintiff's right not to have a chance to contact any staff of your school for PHD." 7. "Please provide the details you shunned [sic] from the plaintiff and did not allow her to contact any staff of the former school. Please provide the names if there is anyone [sic] instructed you." 8. "Who else you conveyed to [sic] regarding to [sic] this case and the plaintiff?" 9. "Please provide the name and the contents of all corresponds [sic] and speech from or to you regarding the plaintiff and the case." 1. A subpoena to produce addressed to the third defendant, Tara Murphy, seeking the following: 1. "Please provide the CCTV footage of the incident [sic] happened to the plaintiff from 6 to 8 PM on 17 October 2018 at a breakout area on the campus of UNSW." 2. "Please provide the name(s) of the decision-maker of the exclusion and human right restrictions on the plaintiff on 1 November 2018, 1 April 2019, 26 July 2019 and 29 August 2020." 3. "The content of the threat assessment requested by Ms Arena in December 2019." 4. "All records including investigation regarding the lady who called the security staff." 5. "Please provide all corresponds [sic], or communications, all evidence including oral speech with the following staff and other people regarding the plaintiff in this case, especially around 12 December 2019 and with any external parties: [a list including the first, second, fourth, fifth sixth and seventh defendants as well as Mr Grech, Paul Sheehy and 'anyone of the complaint team on 12 December 2019 after the plaintiff call you']."