Markisic v AEA Ethnic Publishers Pty Ltd & Ors [2006] NSWCA 241

Markisic v AEA Ethnic Publishers Pty Ltd & Ors [2006] NSWCA 241

The Registrar correctly refused leave because most proposed subpoenas were excessively broad and amounted to a fishing expedition, and as to all proposed subpoenas there was little or no real prospect that the subpoenaed material would properly be used in the appeal, especially where a successful appeal on the trial procedure ground would likely result in a new trial rather than the Court of Appeal receiving the evidence itself.

Jurisdiction
Australia
Judgment Date
28 August 2006
Procedural Posture
Application to Set Aside Registrar's Refusal of Leave to Issue Subpoenas / Court of Appeal Ex Parte Application
Outcome
Application to set aside the Registrar's decision dismissed.
Legal Topics
['leave to Issue Subpoenas' 'unrepresented Litigant' 'fresh Evidence on Appeal' 'fishing Expedition' 'new Trial']
['civil Procedure' 'appellate Procedure' 'defamation'] ['leave to Issue Subpoenas' 'unrepresented Litigant' 'fresh Evidence on Appeal' 'fishing Expedition' 'new Trial']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 1 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application to Set Aside Registrar's Refusal of Leave to Issue Subpoenas / Court of Appeal Ex Parte Application

Legal Issues

  1. 1 ["Whether the Registrar's decision refusing leave under Rule 7.3 of the Uniform Civil Procedure Rules to issue subpoenas should be set aside." 'Whether the proposed subpoenas were too wide and amounted to a fishing expedition.' 'Whether there was a real prospect that subpoenaed material would be used in the appeal.']

Ratio Decidendi

The Registrar correctly refused leave because most proposed subpoenas were excessively broad and amounted to a fishing expedition, and as to all proposed subpoenas there was little or no real prospect that the subpoenaed material would properly be used in the appeal, especially where a successful appeal on the trial procedure ground would likely result in a new trial rather than the Court of Appeal receiving the evidence itself.

Court Disposition

Application to set aside the Registrar's decision dismissed.

Orders

  • ["The application to set aside the Registrar's decision is dismissed."]