NOTICE OF MOTION — oppose access to subpoenas — costs thrown away — access to subpoenas — costs — fair and reasonable
Quick Take
1A subpoena for production satisfies the 'legitimate forensic purpose' test if the documents sought are 'apparently relevant' to an issue in the proceedings; it is not necessary to demonstrate that the documents will materially assist the issuing party's case (applying Secretary of the Department of Planning, Industry and Environment v Blacktown City Council (2021) 118 NSWLR 336).
2The onus lies on the party moving to oppose access to subpoenaed material to provide a proper evidentiary basis for establishing that the material sought is irrelevant; apparent relevance and admissibility are distinct concepts.
3Under r 3.7 of the Land and Environment Court Rules 2007 (NSW), a self-represented litigant's status does not of itself preclude a costs order where the litigant initiated an unsuccessful motion, failed to appear at its first listing, and persisted despite being placed on notice that the motion had no reasonable prospects of success.
