NSW Caselaw
Reported Decision : 212 FLR 255
New South Wales Supreme Court
CITATION : A v Z [2007] NSWSC 899
HEARING DATE(S) : 3 July 2007 JURISDICTION : Equity Division
JUDGMENT OF : Brereton J
EX TEMPORE JUDGMENT DATE : 4 July 2007
DECISION : Decline to set aside subpoena for lack of legitimate forensic purpose.
CATCHWORDS : PROCEDURE – EVIDENCE – Subpoenas – setting aside – legitimate forensic purpose – whether necessary for issuing party to establish that "on the cards" that documents will materially assist its case, or only that they may throw light on issues in the case
LEGISLATION CITED : (CTH) Telecommunications (Interception and Access) Act 1979 ss 63, 75A (NSW) Evidence Act 1995
Air Canada v Secretary of State for Trade [1983] 2 AC 394 Alister v The Queen (1984) 154 CLR 404 Botany Bay Instrumentation & Control Pty Limited v Stewart [1984] 3 NSWLR 98, 100 Brand v Digi-tech Australia [2001] NSWSC 425 Burmah Oil Co Ltd v Bank of England [1980] AC 1090 CASES CITED : Carroll v Attorney-General of New South Wales (1993) 70 ACrimR 162 Commissioner for Railways v Small (1938) 38 SR(NSW) 564 National Employers' Mutual General Insurance Association v Waind and Hill [1978] 1 NSWLR 372 Portal Software v Bodsworth [2005] NSWSC 1115 R v Saleam (1989) 16 NSWLR 14 Trade Practices Commission v Arnotts Ltd (No 2) (1989) 21 FCR 306
"A" Pty Ltd (plaintiff) PARTIES : Mr "Z" (first defendant) Mrs "Z" (second defendant) NSW Commissioner for Police (applicant)
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