Cenric Group Pty Ltd v TWT Property Group Pty Ltd [2018] NSWSC 1015

Cenric Group Pty Ltd v TWT Property Group Pty Ltd [2018] NSWSC 1015

The subpoenas were set aside because Cenric did not show a legitimate forensic purpose. There was already detailed evidence of the volume of sandstone sold, including invoices describing the volume and bank records showing payments, and there was no basis beyond speculation to suppose the invoices were inaccurate or that the subpoenaed documents would materially assist on that issue. The matters relied on concerning transfers, account descriptions and the savings account did not provide a basis beyond speculation to suppose Bundanoon had breached an obligation to hold proceeds on trust, so the subpoenas were fishing.

Jurisdiction
Australia
Judgment Date
02 July 2018
Procedural Posture
Equity Technology and Construction List; Procedural Ruling Concerning Subpoenas / Notice of Motion by Bundanoon Sandstone Pty Ltd to Set Aside Subpoenas Issued by Cenric Group Pty Ltd Before Service of Evidence and Disclosure
Outcome
Subpoenas set aside.
Legal Topics
['subpoenas' 'legitimate Forensic Purpose' 'fishing Expedition' 'discovery and Evidence' 'sandstone Harvesting Subcontract']
['practice and Procedure' 'equity' 'technology and Construction'] ['subpoenas' 'legitimate Forensic Purpose' 'fishing Expedition' 'discovery and Evidence' 'sandstone Harvesting Subcontract']

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Procedural Posture

Equity Technology and Construction List; Procedural Ruling Concerning Subpoenas / Notice of Motion by Bundanoon Sandstone Pty Ltd to Set Aside Subpoenas Issued by Cenric Group Pty Ltd Before Service of Evidence and Disclosure

Legal Issues

  1. 1 ['Whether the subpoenas issued by Cenric to the Department of Finance, Services and Innovation, Westpac Banking Corporation trading as St George Bank and Troy Stratti Pty Ltd were issued for a legitimate forensic purpose.' 'Whether the subpoenas were impermissibly fishing in seeking documents said to assist in ascertaining the volume of sandstone harvested and sold by Bundanoon.' 'Whether the subpoenas were permissible to investigate whether Bundanoon had breached obligations to hold sandstone sale proceeds on trust.']

Ratio Decidendi

The subpoenas were set aside because Cenric did not show a legitimate forensic purpose. There was already detailed evidence of the volume of sandstone sold, including invoices describing the volume and bank records showing payments, and there was no basis beyond speculation to suppose the invoices were inaccurate or that the subpoenaed documents would materially assist on that issue. The matters relied on concerning transfers, account descriptions and the savings account did not provide a basis beyond speculation to suppose Bundanoon had breached an obligation to hold proceeds on trust, so the subpoenas were fishing.

Court Disposition

Subpoenas set aside.

Orders

  • ['The subpoenas issued at the request of Cenric Group Pty Ltd and directed to the Department of Finance, Services and Innovation, Westpac Banking Corporation trading as St George Bank and Troy Stratti Pty Ltd were set aside.']