Wingecarribee Shire Council v O'Shanassy (No 2) [2014] NSWLEC 32

Wingecarribee Shire Council v O'Shanassy (No 2) [2014] NSWLEC 32

The documents sought by the defendant in the impugned paragraphs of the subpoenas do not have apparent relevance to the issues for determination and amount to a fishing expedition to attack witness credibility, thus failing to satisfy the requirement for a legitimate forensic purpose under applicable legal principles and contravening s 102 of the Evidence Act 1995.

Parties
Prosecutor: Wingecarribee Shire Council; Defendant: Mr Paul O'Shanassy
Jurisdiction
Australia
Judgment Date
10 March 2014
Procedural Posture
Interlocutory Application / Application to Set Aside Subpoenas
Outcome
Application to set aside parts of subpoenas granted
Legal Topics
Setting Aside Subpoena, Fishing Expedition, Credibility Rule, Admissibility of Evidence
Environmental Law Civil Procedure Setting Aside Subpoena Fishing Expedition Credibility Rule Admissibility of Evidence

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Parties

Wingecarribee Shire Council

Prosecutor

Mr Paul O'Shanassy

Defendant

Procedural Posture

Interlocutory Application / Application to Set Aside Subpoenas

Legal Issues

  1. 1 Whether impugned parts of subpoenas serve a legitimate forensic purpose
  2. 2 Whether subpoenas constitute an impermissible fishing expedition
  3. 3 Application of the credibility rule under Evidence Act 1995, ss 102, 103

Ratio Decidendi

The documents sought by the defendant in the impugned paragraphs of the subpoenas do not have apparent relevance to the issues for determination and amount to a fishing expedition to attack witness credibility, thus failing to satisfy the requirement for a legitimate forensic purpose under applicable legal principles and contravening s 102 of the Evidence Act 1995.

Court Disposition

Application to set aside parts of subpoenas granted

Orders

  • Paragraph three of the subpoena to the Police is set aside.
  • Paragraph two of the subpoena to Telstra is set aside.