In the matter of St Gregory's Armenian School Inc

In the case of St Gregory's Armenian School Inc, the matter before the court involved an application to set aside a costs order related to an unsuccessful application to terminate a winding up order. The primary issue was whether leave should be granted to issue six subpoenas. The court was tasked with determining the scope of matters properly in issue in the context of the costs order and the relevance of the subpoenas to the proceedings.

The legal issues revolved around the parameters of what constitutes a proper matter in issue within the scope of the costs order. The court had to assess whether the subpoenas were relevant and necessary to the matters at hand. This required an analysis of the application to terminate the winding up order and the subsequent costs order. The court needed to determine if the subpoenas were pertinent to the issues raised in the initial application and whether they were within the bounds of what was properly in issue.

The court concluded that the scope of matters properly in issue was narrowly defined by the application to terminate the winding up order. It found that the subpoenas, which sought documents and information beyond what was necessary to address the winding up order, were not properly in issue. Therefore, the application to set aside the costs order was dismissed, and the leave to issue the subpoenas was refused. This decision underscored the importance of confining the scope of issues to what is strictly relevant to the proceedings in question.