A, Ex parte- Re Pelekanakis

The applicant, A, sought an order from Hayne J, sitting in chambers, to set aside a subpoena issued by the respondent, Pelekanakis. The dispute concerned the validity of the subpoena, which had been issued in the context of proceedings between A and Pelekanakis.

The central legal issue before the Court was whether the subpoena was oppressive and ought to be set aside on that ground. This required the Court to consider the scope of the subpoena and whether it sought information that was irrelevant or unduly burdensome to produce.

Hayne J reasoned that a subpoena will be considered oppressive if it is unduly wide or seeks information that is not relevant to the proceedings. His Honour noted that the onus is on the party seeking to set aside the subpoena to demonstrate that it is oppressive. In this instance, the Court found that the subpoena was not oppressive and therefore dismissed the application to set it aside.