Golden v V'Landys [2015] NSWSC 1653

Having considered what was sought to be subpoenaed and the circumstances in which the need to subpoena the documents arose, the Court was satisfied that justice required the leave sought to be granted.

Jurisdiction: Australia
Judgment Date: 05 November 2015
Procedural Posture: Procedural Ruling; Ex Parte Notice of Motion for Short Service of Subpoena for Production / Application for Leave to File and Serve Subpoena for Production Before Hearing Due to Commence on 10 November 2015
Outcome: Application granted.
Legal Topics: ['ex Parte Application' 'notice of Motion' 'short Service' 'subpoena for Production of Documents']

['procedure'] ['ex Parte Application' 'notice of Motion' 'short Service' 'subpoena for Production of Documents']

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Procedural Posture

Procedural Ruling; Ex Parte Notice of Motion for Short Service of Subpoena for Production / Application for Leave to File and Serve Subpoena for Production Before Hearing Due to Commence on 10 November 2015

Legal Issues

1 ["Whether the plaintiff should be granted leave to file and serve on the defendant's former solicitor a subpoena for production of documents on short service."]

Ratio Decidendi

Court Disposition

Application granted.

Orders

['The plaintiff have leave to file and serve on Kennedy Australasia Pty Limited by 6 pm on 5 November 2015 a subpoena for production of documents in the form provided to the Court on 5 November 2015, marked MFI 1, such subpoena to be returnable at 10 am on 10 November 2015.']