SCVG & Estate of KLD (No. 2)

In the matter of SCVG & Estate of KLD (No. 2), heard by Gill J, the applicant, Mr SCVG, sought leave to issue subpoenas for the attendance of Ms RR, Mr Draper, and Ms Draper at trial to give evidence. The respondent was the Estate of KLD.

The central legal issue before the court was whether to grant the applicant leave to issue subpoenas for trial witnesses after trial dates had been allocated.

Gill J reasoned that leave to issue subpoenas should be granted, provided that no such subpoena was issued prior to the allocation of trial dates. This approach balances the applicant's need to secure evidence for the trial with the court's interest in managing its trial list efficiently. The court's decision reflects a pragmatic approach to ensuring all relevant evidence can be presented, while also maintaining procedural order.

The court ordered that Mr SCVG be granted leave to issue subpoenas for the attendance at trial to give evidence directed to Ms RR, Mr Draper, and Ms Draper, subject to the condition that no subpoena be issued prior to the allocation of trial dates.