The Petal: Australian Case Law Daily from JADE OpenLaw

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The newsroom, doors open. No cases today — the whole Petal operation, microphones on. Meet the daily room as it stands: Ella at the Commercial desk (yes, she is the fast one), Rick holding the Criminal list to the same standard it has always had, Eleanor and the Family Desk proving the hard beat can be reported with restraint, alongside Annalise, Bruce, Charlie, Sacha and Freya.

And the new wing: The Fortnight in Practice, Deep Dive, the New Zealand and state editions — and the debut of The Petal: Casebook, our seminar room for law students, with The Professor taking the chair and the Host demoted, happily, to the student at the back with a hand up. Episode one — a promise to negotiate in good faith — is out now.

Plus the correspondence: we answer two listener letters on air — the day one of our presenters briefly emigrated mid-sentence, and the request for a little more light and shade from the desks. The combobulator has been spoken to.

The principles, not the noise. All editions and full analyses at ledger.jade.io — The Petal is provided to JADE Professional Plus subscribers. Theme music by Michael Green SC.

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Edition four — the companion edition, 13 to 26 August, deduped against edition three and against the daily brief: everything the back week settled that you have not yet heard, and one clause each on what you have. Migration law builds out the counterfactual doctrine (staleness; the best interests of citizen children); the Full Federal Court takes evidence law into stamp duty; a scheme of arrangement learns class design; Queensland restates Pfennig for uncharged acts; and the jury room meets the double-might test. Short and dense — dedupe is a promise, not a pose.

Features

Public Law Desk — NEW: LIZ25 [2026] FCA 1164 (22 months' delay is not unreasonableness; no duty to refresh stale information) · BXY20 [2026] FCA 1187 (best interests genuinely primary; citizenship deprivation named; parental culpability excluded). Settles: Minister for Immigration and Citizenship v GNHW [2026] FCAFC 107 (aired 25 Aug daily) · BGZX [2026] FCA 1207 (aired 26 Aug daily).

Commercial Law Desk (Corporations) — NEW: Frugtniet v Mansfield (Trustee) [2026] FCAFC 105 (undertaking to pay duty weighed by capacity to pay; presumption of advancement on parent-funded deposits) · Planet Innovation Holdings [2026] FCA 1194 (scheme classes fragment only where common consultation is impossible). Settles: North Limited v Zentree Limited (Costs) [2026] FCA 1202 (aired 24 Aug daily).

Criminal Law Desk — NEW (doctrine only): R v SFD [2026] QCA 152 (uncharged acts, Pfennig in whole-of-case context; escalating pattern can satisfy) · Alex v R [2026] NSWCCA 121 (juror misconduct; double might; the proviso and fundamental irregularity). Settles: Fulton (a Pseudonym) v The King [2026] SASCA 97 (aired 24 Aug daily). Notes: Desacada [2026] VSCA 199.

Registry (settles) — Narciso v Narciso & Ors [2026] SASCA 99 (aired 24 Aug) · Kumiai v Kenso [2026] FCA 1219 (aired 26 Aug). Held: Commercial & Consumer, Torts and Family — all treated in edition three; quiet back weeks are themselves the report.

Full analyses in the Judicial Ledger. Theme music by Michael Green SC.

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Edition three of the specialist's fortnight, 6 to 19 August: the High Court redraws intention in importation cases (Ko, 5:2) and sets the materiality threshold for sentence appeals (Farrugia, with the Edelman/Jagot dissent on conflicted counsel); the Full Federal Court prices consumer penalties without tethering them to profit and construes "overcharged"; and X Corp wins the mutually-exclusive-categories point under the Online Safety Act. Desks in corporations and family; the Registry closes. Sensitive matters reported as doctrine only.

Features

Criminal Law Desk — The King v Ko [2026] HCA 29 (awareness of a real or significant chance is not intention; direction discipline) · Farrugia v The King [2026] HCA 28 (materiality of specific error; privilege over the joint retainer proved fatal) · Mehrabi v The State of Western Australia [2026] WASCA 111 (doctrine only) · MA v DPP [2026] VSCA 184 · Forth [2026] WASCA 109 · Haouchar [2026] NSWCCA 124 · Aslan [2026] NSWCCA 123 · R v Abu Lebdeh; R v Nadir [2026] NSWCCA 115.

Commercial Law Desk — Fewstone v ACCC [2026] FCAFC 104 (penalties not tethered to gain) · AGL Retail Energy v AER [2026] FCAFC 106 (overcharged requires a demand) · Singh v Singh Homes [2026] VSCA 191 (serious harm; hosted comments) · ACCC v JustAnswer [2026] FCA 871 · University of New England v Boerner [2026] FCA 1107 · Green v Johnson and Johnson Pacific (No 2) [2026] FCA 1094.

Public Law Desk — X Corp v eSafety Commissioner [2026] FCA 1123 (one service, one characterisation) · DKCQ [2026] FCA 1079 (bias over a dropped video link) · MFKF [2026] FCA 1108 (the counterfactual made neutral — confirmed on appeal in GNHW, aired in Tuesday's daily).

Desks and Registry — Corporations: Maroon (Trial Judgment) [2026] FCA 1129 · Naude (No 2) [2026] FCA 1157 · Gadd [2026] FCA 1167. Family (doctrine only): Adad (No 2) [2026] FedCFamC1A 135 · Cadel & Galea [2026] FedCFamC1A 142 · Kimmel [2026] FedCFamC1A 136. Registry: Government of India v Registrar of Trade Marks [2026] FCA 1125 · MG Homes v Grocorp Homes [2026] FCA 1090 · Simpson v Taylors Business (in liq) (No 4) [2026] FCA 1101.

Full analyses in the Judicial Ledger. Theme music by Michael Green SC.

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A councillor was disciplined for failing to complete a training course that has never existed, and the tribunal reached for one of the oldest maxims in the book: the law does not compel the impossible. Plus the victims support series-of-acts test (reported as doctrine only) and what an agency may charge for processing an information request.

In this episode

Tribunals Desk — Brough and Local Government Standards Panel [2026] WASAT 101: a plan naming a specific AHRC course means that course; lex non cogit ad impossibilia — no breach for failing to complete a phantom; orders must state compliance clearly; no substitute sanctions in an evidentiary vacuum. HLJ v Commissioner of Victims Rights [2026] NSWCATAD 260: series-of-related-acts factors (perpetrators, places, timing); injury proved discretely, act by act. Cincotta v City of Ryde Council [2026] NSWCATAD 261: GIPA processing charges — efficient search means, necessary consultations, the personal-information waiver, and the timesheet that justifies it all.

Case notes

Brough and Local Government Standards Panel [2026] WASAT 101 — N Eagling, Member, 27 August 2026. Signal: P&P, ★★★★★. LG Act 1995 (WA) ss 5.110(6), 5.125(1); SAT Act s 27. Review upheld; breach finding and orders set aside — the named AHRC training never existed; impossibility (Ballina Shire Council v Joblin applied); de novo review reaches breach and sanction; Attorney-General intervened. Why aired: check the thing you order actually exists.

HLJ v Commissioner of Victims Rights [2026] NSWCATAD 260 — D H Mulligan SM, 27 August 2026. Victims Rights and Support Act 2013 (NSW) ss 19(1)(c), 19(4). Relatedness factors distilled (GTP and GCL distinguished); discrete proof of injury with medical evidence per act. Pseudonym preserved; doctrine only. Why aired: the recognition-payment gateway.

Cincotta v City of Ryde Council [2026] NSWCATAD 261 — D Mesman SM, 27 August 2026. GIPA Act ss 53(2), 54, 64, 67. Processing-charge methodology reviewed line by line; agencies must evidence time spent. Why aired: the arithmetic is reviewable.

Full typeset judgments are in the Judicial Ledger. Theme music by Michael Green SC.

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A family hardware store suing Bunnings wins the right to lose without paying the giant's costs — the first detailed construction of the no adverse costs order. Plus the penalty template for NDIS banning-order breaches, and a late cross-claim that got leave and a leash. The market-power allegations are pleaded and untested.

In this episode

Commercial Law Desk — Woodman Beenleigh Pty Ltd v Bunnings Group Limited (no adverse costs order) [2026] FCA 1231: "reasonable issue for trial" means one genuinely arguable point, not prospects of success; "significance for others" is undemanding; disparity need only contribute to deterrence; decided on the filed documents.

Public Law Desk — Commissioner of the NDIS Quality and Safeguards Commission v Peters (Penalty and Other Relief) [2026] FCA 1241: instinctive synthesis, deterrence primary; deliberate concealed contraventions as an inter-related series; incapacity cannot drag a penalty below the general-deterrence floor; declarations and injunctions refused for want of utility.

Practice & Procedure Desk — Scidera, Inc. v Meat and Livestock Australia Limited (No 4) [2026] FCA 1257: leave for the late cross-claim, stayed behind the main trial; delay unexplained; the winner paid $25,000 costs for rejecting the stay it ended up with.

Rapid file — Hagakure Limited v Cassisi, in the matter of vbaZen International Pty Ltd [2026] FCA 1235 (JV deadlock oppression) · Pacific National (Queensland Coal) Pty Ltd v Australian Rail Tram and Bus Industry Union [2026] FCA 1239 (common understanding needs proved consensus) · Zentree Investments Limited v North Limited (Expedition) [2026] FCA 1234 (expedition, five factors) · Birenbaum v H & A Nominees Pty Ltd t/as Cairo Takeaway (Costs) [2026] FCA 1233 (the delinquency checklist) · Randall v Sydney Trains [2026] FCA 1246 (interim relief).

Also on the docket — Wang v Minister for Immigration, Citizenship and Multicultural Affairs [2026] FCA 1230 · El Samad v Minister for Immigration and Multicultural Affairs [2026] FCA 1245 · De Been v President of the Australian Human Rights Commission [2026] FCA 1252 · N.R Molloy Pty Ltd v GTP Pty Ltd [2026] FCA 1254.

Case notes

Woodman Beenleigh v Bunnings (NACO) [2026] FCA 1231 — Bromwich J, 27 August 2026. Signal: Doctrine, ★★★★★. CCA ss 82(3)–(6), 46. NACO granted; all three s 82(5) criteria construed toward access; no merits refereeing at the interlocutory stage; s 46 effects-test claim untested. Why aired: the access-to-justice shield has its construction.

NDIS Commissioner v Peters (Penalty) [2026] FCA 1241 — Shariff J, 27 August 2026. NDIS Act s 73ZN(10); RP(SP) Act ss 82, 85. Single penalty for an inter-related series of deliberate, concealed banning-order breaches; capacity to pay cannot undercut general deterrence; declaratory and injunctive relief refused. Why aired: the enforcement template.

Scidera v MLA (No 4) [2026] FCA 1257 — Rofe J, 27 August 2026. FCR r 15.05; ss 37M/37N. Leave granted, cross-claim stayed; delay unexplained; costs $25,000 against the successful mover for rejecting the proffered stay. Why aired: leave with a leash.

Full typeset judgments are in the Judicial Ledger. Theme music by Michael Green SC.

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The heaviest appellate day of the week: a two-to-one split on whether the State can keep supervising a man whose eligibility evaporated mid-application, a plumbing giant that could not rely on its own default to escape a ten-year lease, the evidence ruling keeping CCTV in a circumstantial armed robbery case, and a four-decision sentencing block. Sensitive matters reported as legal doctrine only.

In this episode

Public Law Desk — State of New South Wales v Benshabir [2026] NSWCA 174: the 2018 parenthetical leads — eligibility is tested at filing (Ward P and Leeming JA; Kirk JA dissenting on the limits of purposive construction); s 23(2) is timing only, no 12-month floor.

Commercial Law Desk — Reece Australia Pty Ltd v Alamdo Holdings Pty Ltd [2026] NSWCA 175: prevention principle end-to-end — objective content of a council requirement, the duty to seek clarification, material contribution by substantial chance; $1.55m judgment stands.

Criminal Law Desk — Rouse (a pseudonym) v The King [2026] VSCA 193: s 137 three-stage test; circumstantial accumulation is not coincidence reasoning; prejudice engineered out with stills and silence. Plus the sentencing block: Wong [2026] VSCA 205 (small comparable samples prove nothing), Taufeulungaki [2026] VSCA 208 (parity: nine months adequately reflects different histories), Harrison [2026] VSCA 207 (family-violence context measured with surrounding conduct), Cameron [2026] VSCA 206 (the question is the sentence imposed, not the gentler one imaginable).

Rapid file — Bo v Costi Cohen Pty Ltd [2026] NSWCA 173: quantum meruit survives a void unfair term; the agreed percentage is some evidence of reasonable value; $166,100 affirmed.

Also on the docket — He v N & G Superannuation Pty Ltd [2026] NSWCA 177 · He v N & G Superannuation Pty Ltd [2025] NSWCA 279: apprehended bias attacks hearing conduct, not adverse reasons — and needs a proper basis.

Case notes

State of New South Wales v Benshabir [2026] NSWCA 174 — Ward P, Leeming and Kirk JJA, 27 August 2026. Signal: Doctrine, ★★★★★. THRO Act 2017 (NSW) ss 7, 20, 23. Appeal allowed 2:1, ESO application remitted; inserted parenthetical words are the leading provision (Project Blue Sky; Lockwood); Kirk JA dissenting — five structural problems and the limits of purposive construction; unanimous on s 23(2) as timing only; Suitors' Fund certificate. Why aired: amendment-first construction, with a model dissent.

Reece Australia Pty Ltd v Alamdo Holdings Pty Ltd [2026] NSWCA 175 — Bell CJ, Kirk and Free JJA, 27 August 2026. Signal: Doctrine, ★★★★★. EPA Regulation 2021 (NSW) ss 36, 64. Appeal dismissed: BCA compliance report objectively required clause-by-clause assessment; ambiguity obliged clarification; breach materially contributed (substantial chance); 30-day statutory window does not soften the contractual duty. Why aired: you cannot terminate through a door your own default closed.

Rouse (a pseudonym) v The King [2026] VSCA 193 — Emerton P and Walker JA, 19 August 2026. Signal: Doctrine, ★★★★★. Evidence Act 2008 (Vic) ss 98, 137. Interlocutory appeal dismissed; probative value assessed on the whole of the evidence; no coincidence notice for circumstantial accumulation; stills without sound cure prejudice. Pre-trial: allegations only. Why aired: the s 137/s 98 boundary stated cleanly.

Sentencing block, rapid file and docket notes as listed above; full holdings in the podcast notes. Full typeset judgments are in the Judicial Ledger. Theme music by Michael Green SC.

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A patent fight over a blockbuster herbicide turns on the patentee's own words — "industrially advantageous" — and what it never disclosed. And a visa case shows why a concession from the bar table at sentencing follows you into every room afterwards.

In this episode

Commercial Law Desk — Kumiai Chemical Industry Co., Ltd v Kenso Corporation (M) SDN. BHD [2026] FCA 1219: best method ground arguable on the specification's own industrial-scale claims against lab-only examples; the undisclosed method need not be precisely identified; discovery confined to filing-date knowledge; misleading-silence claim must plead the circumstances that make silence speak.

Public Law Desk — BGZX v Minister for Immigration and Citizenship [2026] FCA 1207: illogicality is a high bar; bar-table concessions on instructions are established sentencing facts; evidence of "another reason" cannot contradict the essential conviction and sentencing facts.

Rapid file — Farrugia v Minister for Immigration and Multicultural Affairs [2026] FCA 1201 (1h58m is active intellectual engagement) · Davie (Liquidator), in the matter of Hannhill Pty Ltd (in liq) [2026] FCA 1222 (receivers over trust assets — template orders) · Davies, in the matter of an application by Davies for leave to file [2026] FCA 1237 (pleading actual fraud) · Patel v Minister for Immigration and Citizenship [2026] FCA 1216 (no enrolment, no student visa).

Also on the docket — Boulos v M.R.V.L. Investments Pty Ltd (Settlement Distribution) [2026] FCA 1223 · CCS23 v Minister for Immigration and Citizenship [2026] FCA 1172 · Mbuzi v Aye (Recusal) [2026] FCA 1204.

Case notes

Kumiai v Kenso [2026] FCA 1219 — Rofe J, 26 August 2026. Signal: P&P, ★★★★★. Patents Act ss 40(2)(aa), 119; ACL ss 18, 29(1). Best method ground sufficiently arguable (Aon factors; 10 months to trial); industrial knowledge inferred from Sakura product and APVMA approvals at filing; prior user and joint tortfeasorship allowed; silence claim back for repleading (Demagogue); discovery confined. Why aired: the patentee's boast opened the best-method door.

BGZX v Minister for Immigration and Citizenship [2026] FCA 1207 — Perry J, 26 August 2026. Signal: Doctrine, ★★★★★. Migration Act ss 501(3A), 501CA(4)(b); Direction 110. Dismissed: rational for the Tribunal to treat denial of the conceded February 2022 broker call as walking back responsibility, bearing on remorse and credit; s 501CA(4)(b)(ii) evidence cannot contradict essential sentencing facts. Why aired: bar-table concessions are concrete.

Full typeset judgments are in the Judicial Ledger. Theme music by Michael Green SC.

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A mother transferred more than eleven million dollars to her son, and the Victorian Court of Appeal explains why his apology letters, and the witness he never called, decided the case. Plus security for costs against a corporate group, and what manifest excess really requires.

In this episode

Commercial Law Desk — Xu v Ma [2026] VSCA 202: credibility-based findings stand unless glaringly improbable; editing a letter adopts it — "the money doesn't belong to me" as admission against interest; Jones v Dunkel for the uncalled drafter; agreed issues trump pleadings; credit-only fresh evidence refused.

Practice & Procedure Desk — GRE Sales Pty Ltd v Commissioner for Fair Trading [2026] ACTCA 26: related-group assets don't establish capacity to pay; no security for a respondent who wasn't the successful party below; Crown solicitor representation doesn't bar costs recovery; security fixed at $40,000 against charge-out-rate inflation; late notice of contention allowed on the unsettled regulator-costs question.

Criminal Law Desk — McIver v The King [2026] VSCA 203: manifest excess needs a sentence wholly outside the range — four years on 33.8kg of commercial-quantity steroid trafficking, with all mitigation weighed, is not it.

Case notes

Xu v Ma [2026] VSCA 202 — Lyons, Richards and Donaghue JJA, 26 August 2026. Signal: P&P, ★★★★★. SCR (Vic) r 64.13(1). Leave largely refused; resulting trust affirmed over AUD11.13m and two properties; adoption of the redrafted Second Letter as admissions; Jones v Dunkel inference; trial on 28 agreed issues; Haymarket reasons inadequacy cured on rehearing; fresh evidence (credit only) refused. Why aired: appeals are won at trial — documents, issues, witnesses.

GRE Sales Pty Ltd v Commissioner for Fair Trading [2026] ACTCA 26 — Muller J, 26 August 2026. Signal: P&P, ★★★★★. CPR (ACT) rr 1901, 5302, 5115. $40,000 security against GRE Sales (no own assets; group assets irrelevant absent obligation); none against GB (successful below); Crown solicitor costs recoverable (Inglis v Moore); contention leave granted. Why aired: security follows the assets available and the success had.

McIver v The King [2026] VSCA 203 — Emerton P and Richards JA, 26 August 2026. Drugs Act (Vic) ss 71AA, 71AC. Leave refused: 33.8kg (seven times commercial quantity), two-year operation, $1.2m in Bitcoin; four years ≈ 16% of maximum, mitigation fully reflected; nothing went obviously, plainly or badly wrong. Why aired: the manifest-excess discipline restated.

Full typeset judgments are in the Judicial Ledger. Theme music by Michael Green SC.

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A south coast winery closed by a food safety order asks for compensation and discovers the difference between a flawed belief and no grounds at all. A Victorian doctor with thirteen prior disciplinary entries loses his registration for six years. And the appeal panel on when an insurer's letters to its lawyers stay privileged. Reported with care: suppression and pseudonym orders respected throughout.

In this episode

Tribunals Desk — Tilba Valley Winery & Alehouse v Eurobodalla Shire Council [2026] NSWCATAD 256: prohibition order valid on E. coli findings; s 66 compensation needs NO grounds, not merely an unreasonable belief; undetermined claims become deemed refusals after 28 days. Medical Board of Australia v WLD [2026] VCAT 681: sixteen findings of professional misconduct — family-violence assault as a para (c) character matter, chaperone and family boundary violations, COVID-direction breaches; cancellation, six-year preclusion, full health-service prohibition; pseudonym orders to protect victims. McMullen v Insurance and Care NSW [2026] NSWCATAP 266: privilege follows the advice, not the letterhead — agency, dominant purpose and waiver worked through on appeal.

Rapid file — Tier One Energy Pty Ltd and Shire of Dalwallinu [2026] WASAT 100 (no costs where the authority acted reasonably; management orders are not trusts) · Piscioneri v Mildura Rural CC [2026] VCAT 679 (rural workers accommodation; effluent capacity caps occupancy at eight).

Also on the docket — Antoniou v Monash CC [2026] VCAT 682 · Burlington Realty Pty Ltd t/as Burlington Property Agents v Farmer & Anor [2026] QCATA 126.

Case notes

Tilba Valley Winery & Alehouse v Eurobodalla Shire Council [2026] NSWCATAD 256 — Ea MacIntyre SM, 25 August 2026. Signal: P&P, ★★★★★. Food Act 2003 (NSW) ss 57, 60, 66; CAT Act s 53(2). Order valid; compensation refused — s 66 requires no factual grounds, and contamination supplied grounds; deemed refusal after 28 days swept in by amendment (Scott-Brydges applied). Why aired: the compensation gateway is narrower than unreasonableness.

Medical Board of Australia v WLD [2026] VCAT 681 — Tanner ASM, Phang and McNeill HPMs, 24 August 2026. National Law ss 5, 130, 196. Sixteen allegations professional misconduct, one unprofessional (late notification, no concealment, Board aware in 11 days); reprimand, cancellation, six-year preclusion, prohibition on any health service; pseudonym order under VCAT Act ss 80, 98(3) against jigsaw identification. Why aired: the reference decision on the para (a)/para (c) line and chaperone integrity.

McMullen v Insurance and Care NSW [2026] NSWCATAP 266 — Robinson PM and Mulvey SM, 25 August 2026. GIPA Act Sch 1 cl 5; Evidence Act ss 117–125. Claims agent was the insurer's agent and relevant client; dominant purpose realistically assessed; no waiver within the scheme; fresh evidence admitted selectively; accommodations satisfied fairness; brief reasons sufficient. Why aired: privilege inside statutory schemes, fully worked.

Full typeset judgments are in the Judicial Ledger. Theme music by Michael Green SC.

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The Full Court holds that a tribunal deciding a man's future must confront his central argument — that the visa he holds changes the risk he poses. And a liquidator's subpoena reaching for sixty boxes held under search orders learns why that door does not open.

In this episode

Public Law Desk — Minister for Immigration and Citizenship v GNHW [2026] FCAFC 107: failing to confront a substantial, clearly articulated differentiated-risk argument is jurisdictional error; discussing visa differences as legal consequences is not assessing them within the risk of reoffending.

Practice & Procedure Desk — Hurst, in the matter of Lloyds Curry Shop Pty Ltd (in liq) v Prasad (No 5) [2026] FCA 1221: material held by independent lawyers under search orders sits inside a court-supervised regime a subpoena cannot bypass; disproportionate burden and unresolved privilege claims compound; narrowing cures nothing.

Rapid file — Mwambwa v Minister for Immigration and Citizenship [2026] FCA 1217 (urgent removal injunctions) · CHE20 [2026] FCA 1210 · BLX23 [2026] FCA 1209 (extension-of-time discipline) · S&Q Group Pty Limited v Wei [2026] FCA 1218 (late-evidence adjournments).

Also on the docket — GUE18 v Minister for Immigration and Citizenship [2026] FCA 1213 (credibility-review synthesis; fixed costs $5,000) · CRT22 [2026] FCA 1211 · Wang [2026] FCA 1205 · Gray (liquidator), in the matter of Mawson Infrastructure Group Inc (in liq) (No 3) [2026] FCA 1212.

Case notes

Minister for Immigration and Citizenship v GNHW [2026] FCAFC 107 — Burley, O'Bryan and Jackson JJ, 25 August 2026. Signal: Doctrine, ★★★★★. Migration Act ss 501(1), 499(2A); ART Act 2024 ss 9, 56(1). Appeal dismissed; remittal stands. The Tribunal must confront a substantial and clearly articulated argument that risk differs by visa outcome (protection v BVR post-NZYQ); treatment under legal consequences does not reach the substantive risk assessment; materiality (LPDT) conceded. Why aired: the integer-of-the-claim discipline for character cases.

Hurst v Prasad (No 5) [2026] FCA 1221 — Cheeseman J, 25 August 2026. Signal: Doctrine, ★★★★★. FCR rr 24.12(2)(b), 24.15, 24.24, 7.43. Subpoena to the independent lawyers' firm set aside: custody under search orders is subordinate to the court-directed process (Meneses applied; Hearne v Street distinguished); burden up to $200,000 plus privilege review disproportionate; amendment refused; ordinary costs only. Why aired: search-order custody defeats the subpoena as an instrument.

Full typeset judgments are in the Judicial Ledger. Theme music by Michael Green SC.