Telstra Corporation Limited v Phone Directories Company Pty Ltd [2008] FCA 969

Telstra Corporation Limited v Phone Directories Company Pty Ltd [2008] FCA 969

Leave should be granted to issue the subpoena to the ACC because the documents have already been identified by the ACC as potentially relevant, the subpoena is justified by prior correspondence, and the standard for issuing subpoenas is potential (not actual) relevance. The usual objections concerning oppression and substitution for discovery do not apply because the ACC has already conducted the relevant searches and is willing to comply.

Parties
First Applicant: Telstra Corporation Limited; Second Applicant: Sensis Pty Ltd; First Respondent: Phone Directories Company Pty Ltd; Second Respondent: Australian Local Directories Pty Ltd; Third Respondent: Adam Hargraves; Fourth Respondent: Glenn Hargraves; Fifth Respondent: Daniel Stoten
Jurisdiction
Australia
Judgment Date
26 June 2008
Procedural Posture
Application for Leave to Issue Subpoena / Interlocutory
Outcome
Leave to issue subpoena granted
Legal Topics
Subpoenas, Discovery, Abuse of Process, Oppressive Subpoenas, Relevance of Evidence
Procedure Intellectual Property Trade Marks Copyright Subpoenas Discovery Abuse of Process Oppressive Subpoenas +1 more

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Parties

Telstra Corporation Limited

First Applicant

Sensis Pty Ltd

Second Applicant

Phone Directories Company Pty Ltd

First Respondent

Australian Local Directories Pty Ltd

Second Respondent

Adam Hargraves

Third Respondent

Glenn Hargraves

Fourth Respondent

Daniel Stoten

Fifth Respondent

Procedural Posture

Application for Leave to Issue Subpoena / Interlocutory

Legal Issues

  1. 1 Whether leave should be granted to issue subpoena to the Australian Crime Commission as a non-party.
  2. 2 Whether the proposed subpoena is oppressively wide, vague, or an abuse of process.
  3. 3 Whether the documents sought are identified with reasonable particularity and are potentially relevant.

Ratio Decidendi

Leave should be granted to issue the subpoena to the ACC because the documents have already been identified by the ACC as potentially relevant, the subpoena is justified by prior correspondence, and the standard for issuing subpoenas is potential (not actual) relevance. The usual objections concerning oppression and substitution for discovery do not apply because the ACC has already conducted the relevant searches and is willing to comply.

Court Disposition

Leave to issue subpoena granted

Orders

  • Leave is granted to the applicants to issue the subpoena directed to the Australian Crime Commission in the form of Exhibit 'NJH-2' to the affidavit of Natalie Hickey sworn 11 June 2008.
  • Costs reserved.