Samootin v Shea & Ors [2004] NSWCA 115

Samootin v Shea & Ors [2004] NSWCA 115

Leave to issue the subpoena was refused because the proposed evidence from Mr Famularo was speculative and not shown to be relevant to the issues before the Court of Appeal or to demonstrating error in Palmer J's substantive decision.

Jurisdiction
Australia
Judgment Date
05 April 2004
Procedural Posture
Appeal / Notice of Motion to Issue Subpoenas During Appeal
Outcome
Notice of motion dismissed with costs.
Legal Topics
['subpoenas' 'appeals' 'evidence' 'unrepresented Parties']
['civil Procedure'] ['subpoenas' 'appeals' 'evidence' 'unrepresented Parties']

Case Brief

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Procedural Posture

Appeal / Notice of Motion to Issue Subpoenas During Appeal

Legal Issues

  1. 1 ['Whether leave should be granted to an unrepresented party to issue subpoenas for witnesses and documents during an appeal' 'Whether relevance of proposed witness evidence justifies leave to subpoena in appeal']

Ratio Decidendi

Leave to issue the subpoena was refused because the proposed evidence from Mr Famularo was speculative and not shown to be relevant to the issues before the Court of Appeal or to demonstrating error in Palmer J's substantive decision.

Court Disposition

Notice of motion dismissed with costs.

Orders

  • ['Notice of motion filed on 16 March 2004 is dismissed with costs.']