BAILEY ALUMINIUM PRODUCTS PTY LTD v STEPHENSON [1991] NSWCA 17

BAILEY ALUMINIUM PRODUCTS PTY LTD v STEPHENSON [1991] NSWCA 17

The subpoena's first paragraph was overly broad and not restricted to matters in issue at trial; therefore, setting it aside was proper.

Parties
Second Defendant: Bailey Aluminium Products Pty Ltd; Plaintiff/respondent/opponent: Stephenson
Jurisdiction
Australia
Judgment Date
03 June 1991
Procedural Posture
Application for Leave to Appeal / Interlocutory Appeal From District Court Order on Subpoena
Outcome
Appeal upheld; leave to appeal granted
Legal Topics
Subpoena, Discovery of Documents, District Court Procedure, Leave to Appeal
Civil Procedure Subpoena Discovery of Documents District Court Procedure Leave to Appeal

Case Brief

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Parties

Bailey Aluminium Products Pty Ltd

Second Defendant

Stephenson

Plaintiff/respondent/opponent

Procedural Posture

Application for Leave to Appeal / Interlocutory Appeal From District Court Order on Subpoena

Legal Issues

  1. 1 Whether the subpoena for production of documents was excessively broad
  2. 2 Jurisdiction to grant leave to appeal interlocutory decisions under s128(5A) District Court Act

Ratio Decidendi

The subpoena's first paragraph was overly broad and not restricted to matters in issue at trial; therefore, setting it aside was proper.

Court Disposition

Appeal upheld; leave to appeal granted

Orders

  • Leave to appeal granted
  • Appeal upheld