Young v King (No 5) [2012] NSWLEC 280

Young v King (No 5) [2012] NSWLEC 280

The Court declined to set aside the subpoenas or vacate the hearing, notwithstanding the applicant's non-compliance with directions, instead requiring the applicant to proceed with her case and call the respondents only after her other evidence.

Jurisdiction
Australia
Judgment Date
17 September 2012
Procedural Posture
Class 4 / Interlocutory Application Regarding Subpoenas and Hearing Timetable
Outcome
Respondents' application to set aside the applicant's subpoenas is dismissed.
Legal Topics
['subpoenas' 'abuse of Process' 'case Management' 'procedural Directions']
['civil Procedure'] ['subpoenas' 'abuse of Process' 'case Management' 'procedural Directions']

Case Brief

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Procedural Posture

Class 4 / Interlocutory Application Regarding Subpoenas and Hearing Timetable

Legal Issues

  1. 1 ["Whether the applicant's subpoenas requiring the respondents to give oral evidence should be set aside due to non-compliance with procedural directions" 'Whether the hearing should be vacated']

Ratio Decidendi

The Court declined to set aside the subpoenas or vacate the hearing, notwithstanding the applicant's non-compliance with directions, instead requiring the applicant to proceed with her case and call the respondents only after her other evidence.

Court Disposition

Respondents' application to set aside the applicant's subpoenas is dismissed.

Orders

  • ["The Respondents' application to set aside the Applicant's subpoenas is dismissed." 'The hearing is to proceed, with the Applicant required to argue her case prior to calling the Respondents as witnesses.' 'The hearing is adjourned until 2pm.']