Trinley and Ors and Trinley and Anor

In the matter of *Trinley and Ors and Trinley and Anor*, heard before Justice Rose, the applicants sought an extension of time to rely upon their Application for Review. The primary dispute concerned a subpoena issued by the wife to the Proper Officer of Westpac Banking Corporation, Legal Department, which the applicants sought to set aside.

The court was required to determine whether to grant the applicants leave to seek an extension of time for their Application for Review. Additionally, the court had to decide whether to set aside the subpoena issued to Westpac, and if so, to what extent, and to make orders regarding the costs of the proceedings.

Justice Rose granted leave to the applicants to seek an extension of time for their Application for Review. The court set aside the subpoena issued to Westpac, with specific exceptions. These exceptions preserved the subpoena in relation to documents concerning dealings by Mr. and Mrs. Trinley (Snr), jointly or solely, with the Trinley Family Trust, and documents relating to loans made by Westpac to the Trinley Family Trust for the specified period. The court further ordered that any documents produced by the bank that were not covered by the preserved parts of the subpoena be returned forthwith. The wife was ordered to pay half of the costs incurred by the applicants and the husband on a party-party basis, with these costs to be assessed or agreed upon. A stay of execution was granted for these costs orders pending further order.