Zong v Lin

In *Zong v Lin*, the applicants sought to set aside a subpoena issued by the respondents. The dispute concerned the legitimacy of the subpoena, which sought documents relating to the applicants' source of funds, in the context of an application for security for costs. The matter was heard by Gleeson JA.

The primary legal issue before the court was whether the subpoena was validly issued. Specifically, the court had to determine if the subpoena was sought for a legitimate forensic purpose, or if it was irrelevant, overly broad, or issued for an improper purpose.

Gleeson JA dismissed the applicants' motion to set aside the subpoena. The court found that the documents sought by the subpoena were apparently relevant to the application for security for costs, indicating a legitimate forensic purpose. The court applied the principles governing the issuance and challenge of subpoenas, focusing on the necessity of relevance and the absence of improper motive.

Consequently, the applicants' notice of motion dated 20 August 2021 was dismissed, and the applicants were ordered to pay the respondents' costs of the motion.