Sharman v Paul Schwartz t/as Orion Tax and Accounting Services

In Sharman v Paul Schwartz t/as Orion Tax and Accounting Services, the plaintiff, Sharman, sought to set aside an application to produce documents which had already been produced. The defendant, Schwartz, an accountant, had been served with subpoenas requiring him to produce certain documents. After the documents were produced, Sharman applied to set aside the subpoenas on the basis that the documents had already been produced. Schwartz sought to restrain Sharman from accessing and using the documents produced pursuant to the subpoenas.

The court was required to determine whether the subpoenas should be set aside, and whether Sharman should be restrained from accessing and using the documents produced. The court considered whether the subpoenas had been issued for an improper purpose, and whether Sharman had acted reasonably in seeking to set aside the subpoenas. The court also considered whether Schwartz had any legitimate interest in seeking to restrain Sharman from accessing and using the documents.

The court held that the subpoenas should not be set aside, as they had been issued for a proper purpose and Sharman had not acted reasonably in seeking to set them aside. The court also held that Schwartz did not have any legitimate interest in seeking to restrain Sharman from accessing and using the documents, as the documents had already been produced and were therefore available for Sharman to use in the proceedings. The court found that Schwartz had no basis for seeking to limit Sharman's use of the documents, and that Sharman was entitled to use them for the purpose of the proceedings.

Accordingly, the court dismissed the application to set aside the subpoenas, and the application to restrain access and use of the documents. The court did not make any orders restraining Sharman from accessing or using the documents produced pursuant to the subpoenas.