In the matter of Streetscape Projects (Australia) Pty Limited (Subject to Deed of Company Arrangement) ACN 083 073 518 [2013] NSWSC 355

In the matter of Streetscape Projects (Australia) Pty Limited (Subject to Deed of Company Arrangement) ACN 083 073 518 [2013] NSWSC 355

The scope of the subpoenas was sufficiently relevant, as documents before and after the specified conversations and events could illuminate whether alleged promises to creditors were made; the Court exercised its power to set aside or vary the subpoenas only in part and not in toto, applying an undemanding test of relevance and considering the absence of oppression.

Jurisdiction
Australia
Judgment Date
06 March 2013
Procedural Posture
Interlocutory Application / Hearing on Motion to Set Aside or Vary Subpoenas
Outcome
Subpoenas varied and partly set aside; time for compliance extended; no order as to costs; proceedings adjourned.
Legal Topics
['subpoena' 'relevance of Documents' 'deed of Company Arrangement' 'voluntary Administration']
['corporations Law' 'civil Procedure'] ['subpoena' 'relevance of Documents' 'deed of Company Arrangement' 'voluntary Administration']

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Procedural Posture

Interlocutory Application / Hearing on Motion to Set Aside or Vary Subpoenas

Legal Issues

  1. 1 ['Whether subpoenas should be set aside or varied on grounds of relevance' 'Whether documents sought by subpoenas are relevant to issues regarding execution of Deed of Company Arrangement' 'Test for relevance in interlocutory applications for documents']

Ratio Decidendi

The scope of the subpoenas was sufficiently relevant, as documents before and after the specified conversations and events could illuminate whether alleged promises to creditors were made; the Court exercised its power to set aside or vary the subpoenas only in part and not in toto, applying an undemanding test of relevance and considering the absence of oppression.

Court Disposition

Subpoenas varied and partly set aside; time for compliance extended; no order as to costs; proceedings adjourned.

Orders

  • ['In respect of the subpoena addressed to John Anders McLeod, set aside paragraph 2 of the schedule.' "In respect of the subpoena addressed to Mary Kitt, vary paragraph 3 by adding 'relating to any voting, proxies or proofs of debt in the voluntary administration of the first defendant'; set aside paragraphs 4 and...