NHB Enterprises Pty Ltd v Corry (No 4)

NHB Enterprises Pty Ltd brought an application for leave to issue three subpoenas to Corry in the Supreme Court of New South Wales. The applicant sought the subpoenas to obtain documents from Corry in the course of proceedings related to a contractual dispute. Corry, who appeared unrepresented, opposed the application on the basis that the subpoenas did not have a legitimate forensic purpose or were otherwise liable to be set aside. The court was required to determine whether the subpoenas sought to be issued had a legitimate forensic purpose and were not otherwise liable to be set aside.

The court considered the purpose of the subpoenas and whether they were necessary for the just determination of the proceedings. The court found that two of the subpoenas had a legitimate forensic purpose and were not otherwise liable to be set aside, and therefore granted leave for those subpoenas to be issued. The court found that the third subpoena did not have a legitimate forensic purpose, and was therefore liable to be set aside. The court refused leave to issue the third subpoena.

The court ordered that leave be granted to issue two subpoenas and that leave be refused to issue the third subpoena. The court did not make any orders as to costs.