Anthony Messina represented the respondent, instructed by Sasha Legal.
The plaintiffs sought leave to issue a subpoena to produce documents to the proper officer of the Legal Practitioners Admissions Board. The respondent resisted the subpoena, arguing that the documents were subject to the Harman undertaking.
Wheatley J was satisfied that leave could be granted for the subpoena to be issued and for all the parties and interested persons to inspect and copy the relevant documents. Her Honour noted that the Harman principle did not apply in these circumstances, primarily because the documents were not compulsorily acquired by discovery, disclosure, or by some other compulsory process.
The judgment can be read by clicking here
