Polsen v Harrison (No 6)

The applicants, Polsen, sought to set aside a subpoena issued by the respondents, Harrison, in relation to a long-standing dispute concerning property and financial matters. The case was heard in the Supreme Court of New South Wales. Polsen argued that the subpoena was issued for an improper purpose, specifically to obtain information that was not relevant to the case and was being used to harass and intimidate them.

The central legal issue before the court was whether the subpoena had a legitimate forensic purpose or was issued for an improper purpose, such as harassment or intimidation. The court needed to determine whether the information sought by the subpoena was relevant and necessary for the proceedings and whether the subpoena was issued in bad faith. The applicants contended that the subpoena was oppressive and vexatious, and that it had no legitimate forensic purpose.

The court found that the subpoena did not have a legitimate forensic purpose and was issued for an improper purpose. The information sought was not relevant to the case and was being used to harass and intimidate the applicants. The court held that the subpoena was oppressive and vexatious and that it should be set aside. The court found that the applicants had established that the subpoena was issued for an improper purpose and that there was no genuine dispute as to the matters in issue. The application to set aside the subpoena was therefore granted.

The court ordered that the subpoena be set aside and that the respondents pay the applicants' costs of the application. The court also made an order that the respondents were not to issue any further subpoenas to the applicants without the leave of the court. This decision highlights the importance of ensuring that subpoenas are issued for a legitimate forensic purpose and not for improper purposes such as harassment or intimidation.