Polsen v Harrison (No 6) [2021] NSWSC 1050

Polsen v Harrison (No 6) [2021] NSWSC 1050

The subpoena to Services Australia was set aside because the plaintiff did not identify any legitimate forensic purpose nor apparent relevance to the issues for determination in the proceedings.

Source-derived case information.

Parties
Plaintiff: Katrina Marie Polsen; Defendant: Dr Richard Harrison
Jurisdiction
Australia
Judgment Date
23 August 2021
Procedural Posture
Civil / Interlocutory Application Notice of Motion to Set Aside Subpoena
Outcome
Subpoena set aside; plaintiff to pay defendant's costs
Legal Topics
Subpoenas, Application to Set Aside Subpoena, Legitimate Forensic Purpose
Practice and Procedure Subpoenas Application to Set Aside Subpoena Legitimate Forensic Purpose

Source-derived case record

Summary, issues, holding and outcome

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Parties

Katrina Marie Polsen

Plaintiff

Dr Richard Harrison

Defendant

Procedural Posture

Civil / Interlocutory Application Notice of Motion to Set Aside Subpoena

Legal Issues

  1. 1 Whether the subpoena to produce issued by the plaintiff had a legitimate forensic purpose and relevance to the proceedings

Ratio Decidendi

The subpoena to Services Australia was set aside because the plaintiff did not identify any legitimate forensic purpose nor apparent relevance to the issues for determination in the proceedings.

Court Disposition

Subpoena set aside; plaintiff to pay defendant's costs

Orders

  • The subpoena to produce filed on 3 February 2021 directed to Services Australia is set aside.
  • The plaintiff is to pay the defendant's costs of the Notice of Motion filed on 4 May 2021.