WINN v Leigh as Former Trustee of the Estate of WINN (No.2)

The applicant, Winn, sought an order for compliance with a subpoena directed to a consultant lawyer of a legal firm. The respondent was Leigh, the former trustee of the estate of Winn. The dispute concerned the proper recipient of the subpoena, which sought documents from the consultant lawyer in their capacity as a consultant to the legal firm.

The central legal issue before the court was whether the subpoena had been validly issued and directed. Specifically, the court had to determine if a subpoena could be properly served on a consultant lawyer in their individual capacity for documents held by the legal firm, or if the subpoena should have been directed to the legal firm itself, or the trustee of the trust carrying on the business of the law firm.

Judge Egan found that the application for compliance with the subpoena was misconceived. The court reasoned that the subpoena should have been directed to either the legal firm in its trading or business name, or to the trustee of the trust that carried on the business of the law firm. The court considered the protection of private rights in its determination.

Consequently, the court ordered that the Application in a Case filed by the Applicant on 17 June 2020 be dismissed, with no order as to costs.