Lane v Northern NSW Local Health District

In the matter of *Lane v Northern NSW Local Health District*, the appellants sought to adduce further evidence on appeal, and also requested the issue of a subpoena. The dispute concerned the rejection of evidence proffered at trial and the prior setting aside of a subpoena before trial. The appeal was heard by Basten JA.

The primary legal issues before the court were whether leave was required to adduce further evidence when the complaint was that evidence was erroneously rejected at trial, and whether a request for the issue of a subpoena should be granted where the appeal challenged the setting aside of that subpoena prior to the trial.

Basten JA determined that leave to adduce further evidence is not required where the appellant's complaint is that evidence was erroneously rejected at trial. However, the court held that it would not issue a subpoena in the circumstances of this appeal, as the appeal itself was challenging the prior decision to set aside the subpoena before trial.

The notice of motion filed on behalf of the appellants was dismissed, and the costs of the motion were ordered to be the respondents' costs in the appeal.