Abriel & Ors v Rothman [2002] NSWSC 1010

Abriel & Ors v Rothman [2002] NSWSC 1010

The subpoena requiring the defendant's attendance would serve no legitimate forensic purpose in relation to the plaintiffs' interests in the applications listed for hearing on 4 November; accordingly, the subpoena was set aside and costs ordered against the plaintiffs.

Jurisdiction
Australia
Judgment Date
24 October 2002
Procedural Posture
Civil / Interlocutory Motion (to Set Aside Subpoena)
Outcome
Subpoena set aside; costs ordered against plaintiffs
Legal Topics
['subpoena' 'abuse of Process']
['practice & Procedure'] ['subpoena' 'abuse of Process']

Case Brief

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Procedural Posture

Civil / Interlocutory Motion (to Set Aside Subpoena)

Legal Issues

  1. 1 ['Whether the subpoena issued to the defendant should be set aside as an abuse of process']

Ratio Decidendi

The subpoena requiring the defendant's attendance would serve no legitimate forensic purpose in relation to the plaintiffs' interests in the applications listed for hearing on 4 November; accordingly, the subpoena was set aside and costs ordered against the plaintiffs.

Court Disposition

Subpoena set aside; costs ordered against plaintiffs

Orders

  • ['The subpoena is set aside.' "Plaintiffs to pay Defendant's costs of the motion."]