Ting and Fingal (No 4)

The applicant in *Ting and Fingal (No 4)* sought leave to file additional affidavit material, which was dismissed by Johns J. The court also considered the applicant's request for leave to issue subpoenas to C Hospital, Dr D, Ms E, and Optus for the production of medical records and other documents. No objection was raised to the filing of the subpoena to C Hospital, and leave was granted for all requested subpoenas.

The primary legal issues before the court were whether to grant leave for the filing of additional affidavit material and whether to grant leave for the issue of subpoenas to various third parties. The court was required to determine if the proposed evidence was admissible and relevant, and if the subpoenas were appropriate in the circumstances of the ongoing litigation.

Johns J dismissed the application to file additional affidavit material, indicating that the court would not permit further evidence to be introduced at that stage. However, the court granted leave for the issue of subpoenas to C Hospital, Dr D, Ms E, and Optus, acknowledging that no objection was taken to the subpoena for C Hospital and implicitly finding the other subpoenas to be appropriate. The court then made a further order listing the matter for a part-heard hearing to resume on 24 February 2014, estimating that five further days would be required for the hearing.