In the matter of Gandangara Services Limited (No 2)

The matter before the court involved Gandangara Services Limited, which applied to set aside a subpoena it had issued. The application was made to the Supreme Court of New South Wales. The subpoena in question sought documents from a third party, and the application to set it aside was based on the argument that the subpoena was irrelevant and oppressive.

The court was required to determine whether the application to set aside the subpoena was valid. The legal issues that the court had to address included whether the subpoena was relevant to the proceedings, and whether the application to set it aside was made in good faith. The court also had to consider whether there were any grounds for setting aside the subpoena based on its oppressiveness.

The court found that the application to set aside the subpoena was not made in good faith, as the applicant had not raised any objections to the subpoena on the grounds of its oppressiveness. The court held that the applicant had not demonstrated that the subpoena was irrelevant or oppressive, and therefore, the application to set it aside was not valid. The court dismissed the application and ordered the applicant to pay the costs of the proceeding.