The Court held that in abuse of process stay applications based on Moti v The Queen, the legitimate forensic purpose for subpoenas is not strictly confined to the precise factual elements of that case but may extend to comparative deportation cases where there is evidence of a common pathway or procedure, provided the material relates to lawfulness under foreign law and Australian authorities' knowledge thereof. The court also demonstrated willingness to reformulate subpoena terms to balance forensic purpose against oppression rather than simply setting aside overly broad subpoenas.
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