Gardner v WMC Resources Ltd

In the matter of Gardner v WMC Resources Ltd, the applicant sought to challenge the issuance of a subpoena by the respondent company, WMC Resources Ltd. The Federal Court was asked to determine whether the issuance of the subpoena was an administrative or judicial function, with the applicant arguing that it was administrative and thus outside the scope of the Court's power to review. The applicant further contended that the use of the subpoena process was improper and should be replaced with the discovery process. The case required the Court to determine the nature of the function performed by the Warden in issuing the subpoena and whether the applicant had established an arguable case for review.

The Court held that the issuing of a subpoena was not a judicial function but rather an administrative one, as it was a routine administrative act carried out by the Warden. The Court further found that it was improper for the applicant to use the process of subpoena to replace the discovery process. However, the Court held that the applicant had established an arguable case for review, and thus the order nisi should issue.

The Court granted the application for a writ of certiorari, allowing the applicant to challenge the decision of the Warden. The Court found that the issuing of a subpoena was an administrative function and that it was improper to use the subpoena process to replace the discovery process. However, the Court held that the applicant had established an arguable case for review, and thus the order nisi should issue. The Court did not make any final orders in the case, as it was only granting the application for a writ of certiorari.