Secretary of the Department of Planning, Industry and Environment v Blacktown City Council

3 NSWLR 98; [2021] NSWCA 145

NSW Court of Appeal

View on CaseLaw

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Practice and Procedure
2. › Subpoenas
3. › Subpoena for production of documents
4. › Application to set aside
5. › Legitimate forensic purpose
6. › Whether necessary to show documents will materially assist issuing party's case
7. › Whether sufficient that documents have apparent relevance to issues in proceedings
1. Practice and Procedure
2. › Subpoenas
3. › Subpoena for production of documents
4. › Legitimate forensic purpose
5. › Origins and nature of concept
6. › Converse of abuse of process
7. › Presumption of legitimate forensic purpose where documents apparently relevant
1. Courts and Judges
2. › Precedent
3. › Precedential value of decisions of intermediate appellate court refusing leave to appeal
4. › Whether such decisions constitute binding authority

Quick Take

In civil proceedings in NSW, documents sought by subpoena need not materially assist the case; apparent relevance to the issues in the proceedings or capacity to assist in cross-examination is sufficient.