Collins v Campbell (No. 2) [2014] NSWSC 1035

Collins v Campbell (No. 2) [2014] NSWSC 1035

The subpoenas should be set aside because the documents sought are irrelevant, constitute a fishing expedition without legitimate forensic purpose, and do not satisfy the test for production under subpoena. There is no evidence supporting allegations of collusion or wrongdoing, and matters concerning the trustees are not relevant to the possession proceedings.

Jurisdiction
Australia
Judgment Date
31 July 2014
Procedural Posture
Interlocutory Application / Motion to Set Aside Subpoenas and for Costs
Outcome
Subpoenas set aside; costs awarded to Plaintiffs; Defence of First and Second Defendants struck out with leave to file further Defence by specified date.
Legal Topics
['subpoenas' 'discovery' 'costs' 'self Represented Litigants']
['civil Procedure'] ['subpoenas' 'discovery' 'costs' 'self Represented Litigants']

Case Brief

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Procedural Posture

Interlocutory Application / Motion to Set Aside Subpoenas and for Costs

Legal Issues

  1. 1 ['Whether subpoenas issued by self-represented litigants without leave should be set aside' 'Whether documents sought by subpoenas are relevant to the proceedings' 'Whether costs should be awarded for the motion']

Ratio Decidendi

The subpoenas should be set aside because the documents sought are irrelevant, constitute a fishing expedition without legitimate forensic purpose, and do not satisfy the test for production under subpoena. There is no evidence supporting allegations of collusion or wrongdoing, and matters concerning the trustees are not relevant to the possession proceedings.

Court Disposition

Subpoenas set aside; costs awarded to Plaintiffs; Defence of First and Second Defendants struck out with leave to file further Defence by specified date.

Orders

  • ['The subpoenas issued by the First and Second Defendants to the Plaintiffs dated 29 April 2014 are set aside.' "The First and Second Defendants are to pay the Plaintiffs' costs of the Notice of Motion." 'The Defence of the First and Second Defendants to the Further Amended Statement of Claim filed 28 April 2014 is...