BrisConnections Finance Pty Limited (Receivers and Managers Appointed) v Arup Pty Limited [2016] FCA 906

BrisConnections Finance Pty Limited (Receivers and Managers Appointed) v Arup Pty Limited [2016] FCA 906

Other than for category [7] documents (communications between named bank employees and the Applicants and Cross-Respondents regarding the Airport Link Project), the subpoenas lacked apparent relevance to the issues in dispute, related principally to internal deliberations not shown to be directly related to the relevant representations and reliance, and their production would cause disproportionate disruption and cost. Accordingly, the subpoenas were set aside except for category [7].

Jurisdiction
Australia
Judgment Date
05 August 2016
Procedural Posture
Interlocutory Application / Application to Set Aside Subpoenas
Outcome
Subpoenas set aside except for category [7] documents.
Legal Topics
['subpoenas' 'discovery' 'apparent Relevance' 'costs' 'civil Procedure']
['practice and Procedure' 'commercial Law'] ['subpoenas' 'discovery' 'apparent Relevance' 'costs' 'civil Procedure']

Case Brief

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Procedural Posture

Interlocutory Application / Application to Set Aside Subpoenas

Legal Issues

  1. 1 ['Whether subpoenas should be set aside due to lack of apparent relevance' 'Whether compliance with subpoenas would cause disproportionate costs and disruption' 'Relevance of internal bank documents to the principal proceedings']

Ratio Decidendi

Other than for category [7] documents (communications between named bank employees and the Applicants and Cross-Respondents regarding the Airport Link Project), the subpoenas lacked apparent relevance to the issues in dispute, related principally to internal deliberations not shown to be directly related to the relevant representations and reliance, and their production would cause disproportionate disruption and cost. Accordingly, the subpoenas were set aside except for category [7].

Court Disposition

Subpoenas set aside except for category [7] documents.

Orders

  • ['Other than documents in category [7], both subpoenas are set aside.' "Applicants' costs in respect of the application up to 25 July 2016 are their costs in the cause." 'No separate order for costs in respect of the Banks.' 'Parties to bring in Short Minutes of Orders to give effect to these reasons by 4pm on 8...