SMITH & DUKE

In the matter of *Smith & Duke*, heard before Berman J, the central dispute concerned a subpoena issued on 5 November 2015, directed to Ms C, a psychologist. The specific nature of the underlying dispute between Smith and Duke is not detailed in the provided text, but the immediate issue before the court was the validity and appropriateness of this subpoena.

The primary legal issue before Berman J was whether the subpoena issued to Ms C was properly made and should be upheld, or whether it ought to be dismissed. This required the court to consider the principles governing the issuance and enforcement of subpoenas in legal proceedings, particularly in circumstances involving the production of sensitive professional records.

Berman J determined that the subpoena should be dismissed. While the precise reasoning is not elaborated upon in the provided text, the outcome indicates that the court found grounds to set aside the subpoena, likely based on legal objections raised by Ms C or one of the parties regarding its scope, relevance, or the protection of confidential information.

Consequently, the court ordered that the subpoena filed on 5 November 2015, directed to Ms C, be dismissed.