Havas v State of New South Wales [2023] NSWDC 208

Havas v State of New South Wales [2023] NSWDC 208

The subpoenas and related notice should not be set aside because the plaintiff was entitled to test the State's assertion that Detective Thom was not involved in tipping off the press, and it was conceivable beyond speculation that documents about other officers' dealings with the press might cast light on Detective Thom's involvement or state of mind. The low threshold of apparent relevance was satisfied.

Jurisdiction
Australia
Judgment Date
08 June 2023
Procedural Posture
Civil Malicious Prosecution Claim / Defendant's Notice of Motion to Set Aside Subpoenas and a Notice to Admit
Outcome
Application dismissed with costs.
Legal Topics
['subpoenas' 'notice to Admit Facts' 'malicious Prosecution' 'apparent Relevance' 'malice' 'police Tip Off to Press']
['civil Procedure' 'torts'] ['subpoenas' 'notice to Admit Facts' 'malicious Prosecution' 'apparent Relevance' 'malice' 'police Tip Off to Press']

Case Brief

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Procedural Posture

Civil Malicious Prosecution Claim / Defendant's Notice of Motion to Set Aside Subpoenas and a Notice to Admit

Legal Issues

  1. 1 ['Whether subpoenas issued by the plaintiff to journalists and telecommunication providers should be set aside.' "Whether the plaintiff's notice to admit should be set aside." "Whether documents concerning police dealings with the press had apparent relevance to Detective Thom's state of mind for the malicious prosecution claim."]

Ratio Decidendi

The subpoenas and related notice should not be set aside because the plaintiff was entitled to test the State's assertion that Detective Thom was not involved in tipping off the press, and it was conceivable beyond speculation that documents about other officers' dealings with the press might cast light on Detective Thom's involvement or state of mind. The low threshold of apparent relevance was satisfied.

Court Disposition

Application dismissed with costs.

Orders

  • ['The amended motion will be dismissed with costs.']