In the Matter of LJ Nanyang Group Pty Ltd [2012] NSWSC 1285

In the Matter of LJ Nanyang Group Pty Ltd [2012] NSWSC 1285

As Miss Wen Tao Lu is not the party referenced in the subpoenas and the documents pertain solely to her, not the fourth defendant, the documents are irrelevant to the proceedings and must be destroyed.

Jurisdiction
Australia
Judgment Date
05 September 2012
Procedural Posture
Interlocutory Application / Orders Regarding Documents Produced on Subpoena
Outcome
Documents produced on subpoena to be destroyed; further orders regarding destruction of copies and affidavits verifying destruction; liberty to apply reserved.
Legal Topics
['destruction of Documents Produced in Response to Subpoenas' 'documents Regarding the Wrong Person Produced']
['practice & Procedure'] ['destruction of Documents Produced in Response to Subpoenas' 'documents Regarding the Wrong Person Produced']

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Procedural Posture

Interlocutory Application / Orders Regarding Documents Produced on Subpoena

Legal Issues

  1. 1 ['Whether documents produced on subpoena relating to a person not party to the proceedings should be destroyed']

Ratio Decidendi

As Miss Wen Tao Lu is not the party referenced in the subpoenas and the documents pertain solely to her, not the fourth defendant, the documents are irrelevant to the proceedings and must be destroyed.

Court Disposition

Documents produced on subpoena to be destroyed; further orders regarding destruction of copies and affidavits verifying destruction; liberty to apply reserved.

Orders

  • ['The documents produced on subpoena and comprised in Packets S1, S4 and S6 be destroyed.' 'The plaintiff destroy any copies or notes of the said documents in its possession, custody or power and file an affidavit verifying such destruction.' 'The defendants destroy any copies, notes or records of the said documents...