Glad Corporate Services v Demet Taskin [2016] NSWSC 1532

Glad Corporate Services v Demet Taskin [2016] NSWSC 1532

Access was granted because each subpoena was reasonably capable of serving a legitimate forensic purpose in the proceedings. The subpoenas concerning Demet Taskin's prior employment and recruitment could test the accuracy of her resume, bear on reasonable notice, mitigation, reliance, potential tendency or coincidence evidence, and credit. The subpoenas concerning Tanem Taskin's prior and current employment, remuneration and Law Society records could bear on conflict of interest, experience, remuneration, mitigation, loss, practising certificate status and credibility. There was no basis for withholding the produced documents from inspection, although the Taskin parties were to have first...

Jurisdiction
Australia
Judgment Date
31 October 2016
Procedural Posture
Equity Proceedings Involving Claims and Cross Claims Arising From Employment Relationships, With Allegations Including Breach of Contract, Breach of Statutory Duties, Breach of Fiduciary Duties, Fraud, Dishonesty and Misrepresentation / Motion by the Defendants/cross Claimants Under Uniform Civil Procedure Rules R 33.4(1) to Set Aside Seven Subpoenas, at the Stage of Determining Access to Documents Produced to the Court Registry
Outcome
Inspection access to the documents produced under all seven subpoenas was granted to all parties; the defendants/cross-claimants were granted first access; costs were reserved with directions made.
Legal Topics
['subpoenas' 'inspection of Subpoenaed Documents' 'legitimate Forensic Purpose' 'apparent Relevance' 'employment History and Remuneration' 'mitigation and Reasonable Notice' 'tendency and Coincidence Evidence' 'credit Evidence' 'costs']
['civil Procedure' 'employment Law' 'corporations Law' 'evidence'] ['subpoenas' 'inspection of Subpoenaed Documents' 'legitimate Forensic Purpose' 'apparent Relevance' 'employment History and Remuneration' 'mitigation and Reasonable Notice' 'tendency and Coincidence Evidence' 'credit Evidence' 'costs']

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Procedural Posture

Equity Proceedings Involving Claims and Cross Claims Arising From Employment Relationships, With Allegations Including Breach of Contract, Breach of Statutory Duties, Breach of Fiduciary Duties, Fraud, Dishonesty and Misrepresentation / Motion by the Defendants/cross Claimants Under Uniform Civil Procedure Rules R 33.4(1) to Set Aside Seven Subpoenas, at the Stage of Determining Access to Documents Produced to the Court Registry

Legal Issues

  1. 1 ['Whether access to documents produced in answer to seven subpoenas would serve a legitimate forensic purpose in the proceedings.' "Whether subpoenas to Hitachi Australia Ltd, Actelion Pharmaceuticals Australia Pty Limited and Toll Global Express Ltd were justified to test the accuracy of Demet Taskin's resume and employment history." "Whether the subpoena to Geoff Whytcross Consulting was justified to investigate documents and enquiries concerning Demet Taskin's qualifications, experience and employment history." "Whether the subpoena to FCB Lawyers was justified to obtain information concerning Tanem Taskin's prior employment, legal experience and remuneration for conflict of interest issues." "Whether the subpoena to Norton Rose Fulbright Australia was justified in relation to Tanem Taskin's current salary, benefits, mitigation and loss." "Whether the subpoena to the Law Society of New South Wales was justified in relation to Tanem Taskin's practising certificate status and any other material potentially relevant to credibility." 'What orders should be made concerning access, first access and costs.']

Ratio Decidendi

Access was granted because each subpoena was reasonably capable of serving a legitimate forensic purpose in the proceedings. The subpoenas concerning Demet Taskin's prior employment and recruitment could test the accuracy of her resume, bear on reasonable notice, mitigation, reliance, potential tendency or coincidence evidence, and credit. The subpoenas concerning Tanem Taskin's prior and current employment, remuneration and Law Society records could bear on conflict of interest, experience, remuneration, mitigation, loss, practising certificate status and credibility. There was no basis for withholding the produced documents from inspection, although the Taskin parties were to have first...

Court Disposition

Inspection access to the documents produced under all seven subpoenas was granted to all parties; the defendants/cross-claimants were granted first access; costs were reserved with directions made.

Orders

  • ['Grant inspection access to all the parties to these proceedings to the material in the Registry produced in answer to the subpoenas to Hitachi Australia Ltd, Actelion Pharmaceuticals Australia Pty Limited, Geoff Whytcross Consulting, Toll Global Express Ltd, FCB Lawyers, Norton Rose Fulbright Australia and the Law...