Jong Mi Hong v Blacktown City Council

In the case of Jong Mi Hong v Blacktown City Council, the applicant sought to have a subpoena set aside on the basis that it was oppressive and could not be reasonably complied with. The subpoena required the applicant to produce documents in relation to a dispute over the sale of a property. The matter was heard in the Supreme Court of New South Wales.

The central legal issue that the court had to decide was whether the subpoena was oppressive or otherwise invalid. The applicant argued that the subpoena was oppressive as it required her to produce documents from a foreign jurisdiction, which she claimed was not reasonably practicable and would impose an undue burden on her. The respondent argued that the subpoena was valid and that the applicant had the means to comply with it.

The court found that the applicant had not demonstrated that the subpoena was oppressive or otherwise invalid. The court noted that the applicant had not provided any evidence to support her claim that producing the documents from a foreign jurisdiction was not reasonably practicable. The court also noted that the applicant had not demonstrated that she would be unable to comply with the subpoena, as she had not made any attempt to do so. The court held that the subpoena was valid and dismissed the application to set it aside. Costs were reserved pending further orders.