Premier Travel v Satellite Centres of Australia [2004] NSWSC 864

Premier Travel v Satellite Centres of Australia [2004] NSWSC 864

Leave was appropriate because the documents were ordinary accounting records relating to the financial affairs of companies in which Mr Cox had been involved, the proposed use was to reconstruct and maintain company accounts, financial statements and tax affairs in circumstances where Mr Cox's recollection was unreliable, Yandells had consented to use of its documents, and any concern from subpoena recipients about costs was addressed by the solicitors' undertaking to pay proper expenses.

Jurisdiction
Australia
Judgment Date
13 September 2004
Procedural Posture
Notice of Motion in Equity Division Proceedings Concerning Subpoenas and Release From Implied Undertaking / Hearing of Plaintiffs' Notice of Motion Dated 3 August 2004
Outcome
Leave granted to use documents for other specified purposes.
Legal Topics
['subpoenas' 'implied Undertaking' 'use of Documents Produced to the Court' 'leave to Use Documents for Other Purposes']
['practice and Procedure' 'equity'] ['subpoenas' 'implied Undertaking' 'use of Documents Produced to the Court' 'leave to Use Documents for Other Purposes']

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Procedural Posture

Notice of Motion in Equity Division Proceedings Concerning Subpoenas and Release From Implied Undertaking / Hearing of Plaintiffs' Notice of Motion Dated 3 August 2004

Legal Issues

  1. 1 ['Whether the plaintiffs should be released from the implied undertaking so as to use documents produced to the Court by Messrs Yandells solicitors in proposed Common Law Division proceedings against that firm.' 'Whether the plaintiffs should have leave to use documents produced to the Court by 21 different parties for preparation of books of accounts, financial statements, taxation returns and affairs.']

Ratio Decidendi

Leave was appropriate because the documents were ordinary accounting records relating to the financial affairs of companies in which Mr Cox had been involved, the proposed use was to reconstruct and maintain company accounts, financial statements and tax affairs in circumstances where Mr Cox's recollection was unreliable, Yandells had consented to use of its documents, and any concern from subpoena recipients about costs was addressed by the solicitors' undertaking to pay proper expenses.

Court Disposition

Leave granted to use documents for other specified purposes.

Orders

  • ['Orders 1 and 2 in the notice of motion dated 3 August 2004 were made.' 'The affidavits were returned.' 'The matter was stood over before the Registrar on Monday 20 September 2004 for directions.']