Gilmore Finance Pty Ltd v Aesthete No 3 Pty Ltd
Court of Appeal of New South Wales
Simpson AJA
Subpoena – first appellant sought to set aside ’six subpoenas and a notice to produce’ which respondent issued concerning costs order – relevance – legitimate forensic purpose – ’ill health’ of Mr Gilmore – issue of extent to which Mr Gilmore’s ill health affected Mr Gilmore’s ability of to instruct solicitors concerning appeal – whether respondent had shown that documents “might materially assist” determination of issue concerning Mr Gilmore’s ill health – whether ’unduly oppressive’ to require production – client legal privilege – held: notice of motion dismissed.
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