Application by Westpac Banking Corporation [2014] NSWSC 1091

Application by Westpac Banking Corporation [2014] NSWSC 1091

The court accepted Mr Charara's submission regarding the hearing date due to his compelling circumstances, confirmed the scheduled hearing, and made orders resolving the subpoena and notice to produce in accordance with the parties' agreed terms.

Parties
First Applicant: J Charara; Second Applicant: L Konneh; Third Applicant: Cellnet Group Limited
Jurisdiction
Australia
Judgment Date
07 August 2014
Procedural Posture
Civil / Interlocutory Application on Subpoena and Notice to Produce
Outcome
Orders made as per agreement; listing confirmed; costs reserved.
Legal Topics
Distribution of Funds in Court, Application to Strike Out Subpoena, Case Management
Civil Procedure Distribution of Funds in Court Application to Strike Out Subpoena Case Management

Case Brief

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Parties

J Charara

First Applicant

L Konneh

Second Applicant

Cellnet Group Limited

Third Applicant

Procedural Posture

Civil / Interlocutory Application on Subpoena and Notice to Produce

Legal Issues

  1. 1 Whether to strike out the subpoena and parts of the notice to produce issued on behalf of Mr Charara
  2. 2 Appropriate listing before Duty Judge

Ratio Decidendi

The court accepted Mr Charara's submission regarding the hearing date due to his compelling circumstances, confirmed the scheduled hearing, and made orders resolving the subpoena and notice to produce in accordance with the parties' agreed terms.

Court Disposition

Orders made as per agreement; listing confirmed; costs reserved.

Orders

  • Paragraph 1 of the subpoena to Cellnet is amended to read: '1 June 2008 to 30 June 2009.'
  • Paragraphs 3, 4, 5 and 6 of the subpoena are not pressed.