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The Court of Appeal dismissed an appeal from the High Court, and affirmed a decision to set aside subpoenas issued by the appellants, who challenged the sale of industrial park units on the grounds of undervaluation and conspiracy. The appellants claimed the sale was contrary to the duty of obtaining the best price reasonably achievable. The High Court found that the subpoenas were irrelevant, oppressive, and an abuse of process, as the witnesses could not provide relevant evidence. The Court of Appeal dismissed the appeal, affirming that the subpoenas would not have elicited relevant evidence and their issuance constituted an abuse of process.
Court of Appeal, subpoenas duces tecum, Land and Conveyancing Law Reform Act, 2009, best price reasonably obtainable, industrial park units, receivership, conspiracy, undervaluation, oppressive, abuse of process, non-party discovery, costs order, legal practitioner and own client basis.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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