Flowers v State of New South Wales (No 2) [2021] NSWSC 318

Flowers v State of New South Wales (No 2) [2021] NSWSC 318

Leave was granted only for subpoenas to relevant persons from Bathurst Police Station because their role as prosecutors in the impugned proceedings could be relevant to the malicious prosecution claim. Leave was refused for the former and current senior officials, the Police Minister, the Commonwealth Attorney General, Hornsby police officers and a Windsor police officer because the material did not show that their conduct or views were relevant to the criminal prosecutions or apprehended violence order proceedings. The plaintiff/applicant's impecuniosity was accepted for present purposes and evidence by audio visual link was permitted.

Jurisdiction
Australia
Judgment Date
29 March 2021
Procedural Posture
Procedural Ruling in Common Law Proceedings / Application for Leave to Issue Subpoenas During Hearing
Outcome
Leave granted in part; leave refused in part; application for evidence by audio visual link granted.
Legal Topics
['subpoenas' 'leave to Issue Subpoenas' 'relevance' 'conduct Money' 'audio Visual Link Evidence']
['civil Procedure'] ['subpoenas' 'leave to Issue Subpoenas' 'relevance' 'conduct Money' 'audio Visual Link Evidence']

Case Brief

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Procedural Posture

Procedural Ruling in Common Law Proceedings / Application for Leave to Issue Subpoenas During Hearing

Legal Issues

  1. 1 ['Whether leave should be granted under r 7.3 of the Uniform Civil Procedure Rules 2005 (NSW) to issue subpoenas to persons sought by the plaintiff/applicant.' 'Whether subpoenas should issue to senior officials, Hornsby police officers and a Windsor police officer where their conduct was not shown to be relevant to the malicious prosecution proceedings.' "Whether the plaintiff/applicant's impecuniosity justified evidence being adduced by audio visual link rather than requiring conduct money for attendance."]

Ratio Decidendi

Leave was granted only for subpoenas to relevant persons from Bathurst Police Station because their role as prosecutors in the impugned proceedings could be relevant to the malicious prosecution claim. Leave was refused for the former and current senior officials, the Police Minister, the Commonwealth Attorney General, Hornsby police officers and a Windsor police officer because the material did not show that their conduct or views were relevant to the criminal prosecutions or apprehended violence order proceedings. The plaintiff/applicant's impecuniosity was accepted for present purposes and evidence by audio visual link was permitted.

Court Disposition

Leave granted in part; leave refused in part; application for evidence by audio visual link granted.

Orders

  • ['Leave is granted to issue subpoenas to the relevant persons from the Bathurst Police Station.' 'Leave is not granted in relation to the other persons sought to be subpoenaed.' 'The application for evidence to be adduced by audio visual link is granted.' 'Arrangements need to be made with the State of New South...