An applicant seeking subpoenas for production of documents in the Court of Appeal must establish that the documents are reasonably necessary for the preparation of the case on appeal. Where the appeal is by way of rehearing on the evidence below, documents that were not before the primary decision-maker or the primary judge, and which the appellant did not seek to tender below, will not ordinarily satisfy this requirement.
The full text is available to signed-in members, including the 2 later cases that cite this judgment.