ATTORNEY GENERAL FOR THE STATE OF NEW SOUTH WALES v RADIO 2UE SYDNEY PTY LTD [1996] NSWCA 27

ATTORNEY GENERAL FOR THE STATE OF NEW SOUTH WALES v RADIO 2UE SYDNEY PTY LTD [1996] NSWCA 27

The facts set out in the relevant sentence of the amended summons are capable of being regarded as relevant; the material sought by subpoena is properly sought for genuine forensic purposes; the scope of the subpoena is not so wide as to warrant being struck out. Thus, the Registrar's decision not to set aside the subpoenas should not be disturbed.

Parties
Claimant: Attorney General for the State of New South Wales; Opponent: Radio 2UE Sydney Pty Ltd; Opponent: John Laws; Opponent: Fordham Communications Pty Ltd
Jurisdiction
Australia
Judgment Date
14 October 1996
Procedural Posture
Application for Review of Registrar Decision (relating to Subpoenas) / Appeal From Registrar to Court of Appeal
Outcome
application for review dismissed with costs
Legal Topics
Subpoena, Relevance of Documents, Production of Documents
Evidence Contempt of Court Subpoena Relevance of Documents Production of Documents

Case Brief

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Parties

Attorney General for the State of New South Wales

Claimant

Radio 2UE Sydney Pty Ltd

Opponent

John Laws

Opponent

Fordham Communications Pty Ltd

Opponent

Procedural Posture

Application for Review of Registrar Decision (relating to Subpoenas) / Appeal From Registrar to Court of Appeal

Legal Issues

  1. 1 Whether commercial documents sought by subpoena were irrelevant to contempt proceedings and should be set aside; Whether the scope (dates) of the subpoenas was too wide

Ratio Decidendi

The facts set out in the relevant sentence of the amended summons are capable of being regarded as relevant; the material sought by subpoena is properly sought for genuine forensic purposes; the scope of the subpoena is not so wide as to warrant being struck out. Thus, the Registrar's decision not to set aside the subpoenas should not be disturbed.

Court Disposition

application for review dismissed with costs

Orders

  • Application for review dismissed with costs.
  • Matter referred back to the Registrar on a date to be fixed by him by arrangement with the parties for further steps regarding the subpoenas.