Australia, June 9 -- New South Wales Land and Environment Court issued text of the following judgement:

1. This judgment resolves a subpoena dispute.

2. These proceedings are brought by the plaintiff, Dorothy Wotton, the wife of the late Leon Wotton (the late Mr Wotton), for a family provision order from the late Mr Wotton's estate pursuant to the Succession Act 2006 (NSW). The defendant, Mr Brett Wotton, is the executor and sole beneficiary of the estate.

3. On 7 November 2024, the defendant filed a subpoena addressed to his brother, Mr Craig Wotton (the recipient) requiring production of the recipient's financial records. The recipient lives in the same house as the plaintiff and shares expenses with her. The house is owned by the plaintiff and the estate as equal tenants in common.

4. The recipient has refused to comply with the subpoena. The Court has before it the defendant's motion filed on 20 February 2025 to which the recipient is the respondent for an order that the recipient comply with the subpoena.

5. The recipient's essential objection to the subpoena is his contention that it is a gross breach of his privacy. For the reasons which follow, the Court has determined that the recipient has demonstrated no legally recognised basis on which he can resist compliance with the subpoena insofar as it is pressed against him. The defendant, through his counsel, did not oppose a limitation that, in the first instance, access to anything produced by the recipient in answer to the subpoena be limited to the defendant's legal representatives, who would not be permitted to disclose the documents to the defendant or seek to tender them in the proceedings without either the recipient's agreement or further order of the Court.

6. The recipient appeared for himself. The defendant was represented by Ms C Coventry of Counsel. While there was no formal appearance for the plaintiff, she was present in Court, apparently having come to Court with the recipient. The Court had the benefit of written submissions from both the recipient and Ms Coventry, supplemented by oral argument.

Facts

7. Insofar as it was pressed, the subpoena sought these documents:

Copies or originals of:

1. Your tax returns, Notices of Assessment, draft tax returns and taxation estimates for you, any business or partnership or company in which you have a financial interest, other than publicly listed companies, for the current financial year and the financial years ending 30 June 2024, 30 June 2023 and 30 June 2022.

2. All payslips or other records evidencing your wage, salary or other Income for the period 1 July 2022 to date. ...

4. Financial statements for Craig Wotton Enterprises and any associated company or business for the period 1 July 2022 to date.

5. Statements for any bank, building society or other financial institution for any account, credit card or loan held by you either solely, or jointly with another person or entity, for the period 1 July 2022 to date.

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/196b391ec853330419de3f23)

Disclaimer: Curated by HT Syndication.