The Public Trustee of South Australia (As Legal Personal of the Estate of the late John Alfred Richardson) v Clifton Financial Services Pty Ltd & Ors (No. 1) [2004] NSWDDT 38

The Public Trustee of South Australia (As Legal Personal of the Estate of the late John Alfred Richardson) v Clifton Financial Services Pty Ltd & Ors (No. 1) [2004] NSWDDT 38

The subpoena was not set aside because the documents sought could be relevant to demonstrating part of the chain of supply from CSR to the second defendant and the first defendant, and there was no material before the Tribunal confirming that compliance with the restricted subpoena would be unreasonably burdensome.

Jurisdiction
Australia
Judgment Date
27 August 2004
Procedural Posture
Dust Diseases Proceeding / Interlocutory Application by the Third Defendant to Set Aside a Subpoena
Outcome
Application dismissed; applicant to pay respondent's costs.
Legal Topics
['subpoena' 'relevance' 'burdensome Compliance' 'costs']
['civil Procedure' 'evidence'] ['subpoena' 'relevance' 'burdensome Compliance' 'costs']

Case Brief

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Procedural Posture

Dust Diseases Proceeding / Interlocutory Application by the Third Defendant to Set Aside a Subpoena

Legal Issues

  1. 1 ['Whether the subpoena should be set aside because the documents sought were not relevant.' 'Whether the subpoena should be set aside or compliance relieved because compliance was too burdensome, particularly at a late stage.']

Ratio Decidendi

The subpoena was not set aside because the documents sought could be relevant to demonstrating part of the chain of supply from CSR to the second defendant and the first defendant, and there was no material before the Tribunal confirming that compliance with the restricted subpoena would be unreasonably burdensome.

Court Disposition

Application dismissed; applicant to pay respondent's costs.

Orders

  • ['The subpoena is not set aside.' 'The present application is dismissed.' "Applicant to pay respondent's costs."]