Cai v The County Court of Victoria & Ors

[2017] VSCA 109

Victorian Court of Appeal

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Interrogate

Catchwords

1. Administrative Law
2. › Judicial review
3. › Review of discretionary decision
4. › Subpoena duces tecum
5. › Scope of inspection of documents produced under subpoena
6. › Whether error in permitting inspection of part only of document
7. › Whether decision vitiated by matters to which judge had regard or failed to have regard
8. › House v The King (1936) 55 CLR 499
1. Appeal
2. › Leave to appeal
3. › Application totally without merit
4. › No error identified in decision below
5. › Supreme Court Act 1986 (Vic), s 14D

Quick Take

On judicial review of a discretionary decision regarding the scope of inspection of documents produced under subpoena, the applicant must establish that the decision was vitiated by reason of the matters to which the judge had regard or failed to have regard, or that the decision was simply not open. The reviewing court does not exercise the discretion afresh. The ICCPR is not part of Victorian domestic law.