Su v Zhao’s Brothers Investment Pty Ltd as trustee for the Zhao Family Trust (receiver and manager appointed) (No 2) [2026] NSWSC 1016 — Subpoenas — Barrister AI
Su v Zhao’s Brothers Investment Pty Ltd as trustee for the Zhao Family Trust (receiver and manager appointed) (No 2)
CIVIL PROCEDURE — Subpoenas — Application to set aside — Where subpoena seeking transcript of public examination by liquidator in Federal Court proceeding — Where application in Federal Court proceeding to restrict use of transcript
Quick Take
1Where proceedings are commenced by summons rather than statement of claim, the legitimate forensic purpose of a subpoena may be identified from the summons, supporting affidavit evidence and the legal issues arising, not only from pleadings; there is no inflexible rule requiring closed pleadings before a subpoena can be issued.
2The pendency of an application in another court under s 596F(1)(f) of the Corporations Act 2001 (Cth) to restrict use of public examination transcripts does not render a subpoena seeking those transcripts an abuse of process, but may justify deferring access to the produced documents until the restriction application is determined.
3A subpoena to a non-party specifying communications between identified persons concerning an identified subject matter over a defined period satisfies the requirement of reasonable particularity and does not amount to impermissible discovery from a stranger: Commissioner for Railways v Small (1938) 38 SR (NSW) 564 applied.
