Moss v SAS Trustee Corporation (No 1) [2016] NSWDC 286

The subpoena addresses matters relevant to the plaintiff's employment capacity and potential remuneration, thus there is a forensic purpose and the notice of motion to set it aside must be dismissed.

Jurisdiction: Australia
Judgment Date: 01 August 2016
Procedural Posture: Civil / Ruling on Notice of Motion to Set Aside Subpoena
Outcome: Notice of motion dismissed
Legal Topics: ['police Superannuation' 'subpoena' 'production of Documents' 'application to Increase Allowance' 'evidence of Incapacity']

['superannuation'] ['police Superannuation' 'subpoena' 'production of Documents' 'application to Increase Allowance' 'evidence of Incapacity']

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

Procedural Posture

Civil / Ruling on Notice of Motion to Set Aside Subpoena

Legal Issues

1 ["Whether the subpoena for production addressed to the plaintiff's wife should be set aside" 'Whether there is a forensic purpose for the subpoena']

Ratio Decidendi

The subpoena addresses matters relevant to the plaintiff's employment capacity and potential remuneration, thus there is a forensic purpose and the notice of motion to set it aside must be dismissed.

Court Disposition

Notice of motion dismissed

Orders

['Each party pay his or its own costs of the notice of motion']