Lee v Chang

[2025] WASCA 54

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Subpoena
3. › Subpoena to produce
4. › Court's power to issue subpoena to another court
5. › Documents and things in custody of court
6. › Whether O 36B r 2(2B)(a) RSC precludes court from issuing subpoena to another court
7. › Whether non-coercive request procedure under O 36B r 13 RSC should be preferred as matter of comity
8. › Rules of the Supreme Court 1971 (WA), O 36B r 2, O 36B r 2(2B)(a), O 36B r 13
1. Practice and Procedure
2. › Appeal
3. › Interlocutory orders
4. › Leave to appeal
5. › Whether substantial injustice would result if decision left unreversed
6. › Availability of alternative procedural mechanism
7. › Supreme Court Act 1935 (WA), s 60(1)(f)

Quick Take

When seeking documents in the custody of another court, the appropriate procedure is the non-coercive request mechanism under O 36B r 13 RSC rather than a subpoena to produce, and the availability of that alternative procedure means no substantial injustice arises from refusal of leave to issue a subpoena.