Douglas v Mikhael (No 2)

In *Douglas v Mikhael (No 2)*, the appellant sought leave from the Court of Appeal to issue subpoenas. The precise nature of the underlying dispute between the parties was not detailed in the provided text, but the application concerned the ability to compel the production of documents or attendance of witnesses via subpoena.

The central legal issue before the Court of Appeal was whether to grant the appellant leave to issue the proposed subpoenas. This required the court to consider the criteria and principles governing the grant of such leave in the context of appellate proceedings.

Payne JA refused leave to issue the subpoenas. While the specific reasoning is not elaborated, the refusal indicates that the appellant failed to satisfy the necessary legal threshold for obtaining such an order. The court's decision reflects an assessment that the proposed subpoenas were not warranted or appropriate in the circumstances of the appeal.

Consequently, the Court of Appeal ordered that leave to issue the subpoenas be refused. Furthermore, proposed order 3 of the appellant’s notice of motion dated 15 March 2024 was dismissed. The costs associated with this motion were reserved and to be determined as costs in the cause.