› Where parties in agreement that magistrate erred in setting aside subpoena
› Where documents have been produced to applicant
› Where no practical utility in granting relief
› Whether need to correct manifest error
› Where not clear that subpoena had legitimate forensic purpose in context of committal proceedings
› Where not clear whether Supreme Court able to grant relief sought
› Leave refused
Statutory Interpretation
› Crimes (Appeal and Review) Act 2001 (NSW), s 53(3)(a)
› Whether setting aside subpoena within the meaning of “order”
› Meaning of “any person”
› Meaning of “against”
› Meaning of “in relation to the person”
› Use of extrinsic materials
› Explanatory note and second reading speech
Criminal Procedure
› Committal proceedings
› Whether legitimate forensic purpose in issuing subpoena in committal proceedings under new legislative scheme where no facility for defendant to adduce evidence
Appeals
› Leave to appeal
› Remedies
› Scope of Crimes (Appeal and Review) Act 2001 (NSW), s 55(3)(a)
› Whether orders for production to Supreme Court available
Case Details
Citation[2021] NSWSC 517
CourtNSWSC
JurisdictionNew South Wales
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