Collier v State of New South Wales

In the matter of *Collier v State of New South Wales*, the applicant, Mrs Collier, sought to issue subpoenas and obtain discovery from the respondent, the State of New South Wales. The application was heard by Leeming JA in the Court of Appeal of New South Wales.

The central legal issue before the Court was whether Mrs Collier had demonstrated a legitimate forensic purpose for the subpoenas and discovery sought. This required the Court to consider the scope of discovery and subpoena powers in civil proceedings and the threshold that must be met to justify their use.

Leeming JA determined that the applicant had failed to establish a legitimate forensic purpose for the requested subpoenas and discovery. The Court reasoned that the material sought was not likely to be productive of evidence that would be admissible or relevant to the issues in dispute. Consequently, the application for these orders was dismissed.

Paragraphs 2, 3, and 9 of the Notice of Motion dated 28 November 2014 were dismissed. The costs of that Notice of Motion were made costs in the cause. Directions were given for the filing and service of written submissions concerning the remaining orders sought by Mrs Collier.