Bassam Hamzy v Commissioner of Corrective Services and ors. (No 1) [2017] NSWSC 183

Bassam Hamzy v Commissioner of Corrective Services and ors. (No 1) [2017] NSWSC 183

Leave to issue subpoenas will only be granted where a legitimate forensic purpose is shown in relation to the issues in the proceeding. The plaintiff was refused leave to subpoena certain Corrective Services personnel and an interstate inmate as the probes were deemed irrelevant or lacking legitimate purpose. Leave was granted to subpoena certain named inmates as potential comparators and for document production in certain categories, subject to claims for public interest immunity.

Jurisdiction
Australia
Judgment Date
06 March 2017
Procedural Posture
Application for Leave to Issue Subpoenas / Interlocutory Application
Outcome
Leave to issue subpoenas granted in part; refused in part.
Legal Topics
['subpoenas' 'litigant in Person' 'leave to Issue Subpoena' 'legitimate Forensic Purpose']
['practice and Procedure'] ['subpoenas' 'litigant in Person' 'leave to Issue Subpoena' 'legitimate Forensic Purpose']

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Procedural Posture

Application for Leave to Issue Subpoenas / Interlocutory Application

Legal Issues

  1. 1 ['Whether leave should be granted to an unrepresented litigant to issue subpoenas to witnesses and to produce documents' 'Whether the subpoenas serve a legitimate forensic purpose']

Ratio Decidendi

Leave to issue subpoenas will only be granted where a legitimate forensic purpose is shown in relation to the issues in the proceeding. The plaintiff was refused leave to subpoena certain Corrective Services personnel and an interstate inmate as the probes were deemed irrelevant or lacking legitimate purpose. Leave was granted to subpoena certain named inmates as potential comparators and for document production in certain categories, subject to claims for public interest immunity.

Court Disposition

Leave to issue subpoenas granted in part; refused in part.

Orders

  • ['Leave to issue subpoenas to Peter Severin, Scott Ryan, Mark Wilson and Mr Garzotto is refused.' 'Leave to issue subpoenas to Omar Jamal, Omar Baladjam, Milad Al Ahmadzia, Omar El Koktobi, Peter Viousu, Omarjan Azari, Sameh Baydeh, Raban Alou and Tamim Khaja is granted to the plaintiff.' 'Leave to issue a subpoena...