WENTWORTH v RARES and ORS [1990] NSWCA 185

WENTWORTH v RARES and ORS [1990] NSWCA 185

Mahoney JA is not compellable to produce documents sought in the subpoena, as judicial immunity applies to drafts, memos, and considerations relating to the act of judgment.

Parties
Applicant: Wentworth; Respondent: Rares; Judge: Mahoney JA
Jurisdiction
Australia
Judgment Date
19 November 1990
Procedural Posture
Motion / Interlocutory
Outcome
Subpoenas set aside
Legal Topics
Subpoenas to Judges, Judicial Immunity, Correction of Ex Tempore Judgments
Civil Procedure Subpoenas to Judges Judicial Immunity Correction of Ex Tempore Judgments

Case Brief

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Parties

Wentworth

Applicant

Rares

Respondent

Mahoney JA

Judge

Procedural Posture

Motion / Interlocutory

Legal Issues

  1. 1 Whether a judge can be compelled by subpoena to produce documents relating to draft judgments or considerations involved in the act of judgment

Ratio Decidendi

Mahoney JA is not compellable to produce documents sought in the subpoena, as judicial immunity applies to drafts, memos, and considerations relating to the act of judgment.

Court Disposition

Subpoenas set aside

Orders

  • Subpoenas served upon Mahoney JA and his Associate are set aside.
  • Miss Wentworth's motions of 6 November are stood over to 12 December.