Flowers v State of New South Wales (No 4) [2021] NSWSC 453

Flowers v State of New South Wales (No 4) [2021] NSWSC 453

Leave to subpoena either the Commissioner of Police or the former Commissioner of Police is refused as no sufficient evidentiary basis exists to show that those witnesses could provide probative evidence relevant to the matters in issue; prior refusal remains unchanged as circumstances have not shifted and the application amounts to conjecture or fishing.

Jurisdiction
Australia
Judgment Date
28 April 2021
Procedural Posture
Civil Proceeding / Interlocutory Application Ruling
Outcome
Leave to subpoena refused; matter to be finalised by written submissions.
Legal Topics
['adjournments' 'subpoenas' 'leave to Serve Subpoenas']
['civil Procedure'] ['adjournments' 'subpoenas' 'leave to Serve Subpoenas']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Civil Proceeding / Interlocutory Application Ruling

Legal Issues

  1. 1 ['Whether leave should be granted to subpoena the Commissioner or former Commissioner of Police' 'Whether the plaintiff is entitled to adjournment to examine further witnesses']

Ratio Decidendi

Leave to subpoena either the Commissioner of Police or the former Commissioner of Police is refused as no sufficient evidentiary basis exists to show that those witnesses could provide probative evidence relevant to the matters in issue; prior refusal remains unchanged as circumstances have not shifted and the application amounts to conjecture or fishing.

Court Disposition

Leave to subpoena refused; matter to be finalised by written submissions.

Orders

  • ['Leave to subpoena either the Commissioner of Police or the former Commissioner of Police, or both, is refused.' 'Plaintiff to file and serve submissions by 4pm on 17 May 2021.' 'Defendant to file and serve submissions by 4pm on 4 June 2021.' 'Any submissions in reply to be filed and served by 4pm on 15 June 2021.'...