Mohareb v Office of the Director of Public Prosecutions NSW

The applicant, Mohareb, sought leave to appeal against orders of the Supreme Court of New South Wales setting aside a subpoena and a notice to produce. The applicant also sought an order for the arrest of the respondent, the Office of the Director of Public Prosecutions NSW. The appeal and the application for arrest were heard by Ward P and Payne JA in the Court of Appeal.

The primary legal issues before the Court of Appeal were whether the Supreme Court erred in setting aside the subpoena and notice to produce, and whether there was sufficient evidence to justify the issue of a warrant for the arrest of the respondent. The applicant contended that the documents sought were relevant to establishing a legitimate forensic purpose in relation to proceedings.

The Court of Appeal found that the applicant had failed to demonstrate a legitimate forensic purpose for the documents sought by the subpoena and notice to produce. Consequently, the Supreme Court had correctly exercised its discretion in setting them aside. Furthermore, the Court found no evidence to support the applicant's application for an arrest warrant against the respondent.

Accordingly, leave to appeal was dismissed, and the applicant's amended notice of motion seeking arrest was also dismissed. The applicant was ordered to pay the respondent's costs of the application for leave to appeal and the costs of the notices of motion.