Read the full judgment text of CACV 000192/1997 on BabelCite. This Court of Appeal judgment was delivered on 29 October 1997 before Mortimer, V-P, Godfrey, JA and Findlay, J..
Civil procedure – subpoena – chambers proceedings – leave to issue – filter role of judge – O32 r7 – O.38 r.14 – Matrimonial Proceedings and Property Ordinance – ancillary relief – resources likely to have in foreseeable future – appeal allowed – judge erred by conducting detailed inquiry into relevance and usefulness of evidence – proper standard is to prevent abuse of process – orders set aside and remitted – costs in cause.
Legal issues: Standard for granting leave to issue subpoena in chambers proceedings
Outcome: Appeal allowed; judge's orders refusing leave set aside; matters remitted for reconsideration.