In the matter of St Gregory’s Armenian School Inc [2020] NSWSC 785

In the matter of St Gregory’s Armenian School Inc [2020] NSWSC 785

Leave to issue the subpoenas was refused because the draft Points of Claim did not sufficiently articulate material facts or the connection between the alleged matters and setting aside the Costs Orders, so the matters were not properly in issue. In any event, the proposed subpoenas had substantial deficiencies: many categories were too wide, vague, oppressive, incomprehensible, directed to fishing expeditions, not supported by a legitimate forensic purpose, or likely to engage privilege against self-incrimination or legal professional privilege.

Jurisdiction
Australia
Judgment Date
18 June 2020
Procedural Posture
Equity Corporations List; Application for Leave to Issue Subpoenas / Interlocutory Process Filed on 10 June 2020 Seeking Leave to Request the Court Issue Subpoenas in an Application to Set Aside Costs Orders
Outcome
Leave to issue subpoenas not granted; Interlocutory Process dismissed; parties to be heard as to costs.
Legal Topics
['subpoenas' 'legitimate Forensic Purpose' 'fishing Expedition' 'costs Orders' 'winding Up' 'procedural Fairness' 'privilege Against Self Incrimination' 'legal Professional Privilege']
['civil Procedure' 'corporations' 'insolvency'] ['subpoenas' 'legitimate Forensic Purpose' 'fishing Expedition' 'costs Orders' 'winding Up' 'procedural Fairness' 'privilege Against Self Incrimination' 'legal Professional Privilege']

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Procedural Posture

Equity Corporations List; Application for Leave to Issue Subpoenas / Interlocutory Process Filed on 10 June 2020 Seeking Leave to Request the Court Issue Subpoenas in an Application to Set Aside Costs Orders

Legal Issues

  1. 1 ['Whether the draft Points of Claim sufficiently identified matters properly in issue in the application to set aside the Costs Orders so as to support the issue of subpoenas.' 'Whether each proposed subpoena had sufficient apparent relevance or legitimate forensic purpose and was not a fishing expedition.' 'Whether the form and scope of the proposed subpoenas were deficient, oppressive, vague, too wide, or likely to require production over claims of privilege.']

Ratio Decidendi

Leave to issue the subpoenas was refused because the draft Points of Claim did not sufficiently articulate material facts or the connection between the alleged matters and setting aside the Costs Orders, so the matters were not properly in issue. In any event, the proposed subpoenas had substantial deficiencies: many categories were too wide, vague, oppressive, incomprehensible, directed to fishing expeditions, not supported by a legitimate forensic purpose, or likely to engage privilege against self-incrimination or legal professional privilege.

Court Disposition

Leave to issue subpoenas not granted; Interlocutory Process dismissed; parties to be heard as to costs.

Orders

  • ['The Interlocutory Process filed by the Messrs Ghougassian on 10 June 2020 seeking leave to issue certain subpoenas be dismissed.' "Liberty to the parties to make any written submissions, not exceeding five pages in one and a half spacing, by 4 pm on Tuesday 23 June 2020, if they contend for any order of costs,...