National Australia Bank v Sayed (No. 13) [2018] NSWSC 325

National Australia Bank v Sayed (No. 13) [2018] NSWSC 325

Leave was refused because the proposed subpoena sought evidence well outside the pleaded and particularised negligence case, appeared to be a fishing expedition for information Mr Sayed did not have, and was in any event oppressive because of its temporal and subject-matter breadth.

Jurisdiction
Australia
Judgment Date
15 March 2018
Procedural Posture
Procedural Ruling Concerning Subpoenas / Application on the Papers by the Cross Claimant for Leave to Issue a Further Subpoena to MERC to Produce Documents
Outcome
Leave to issue the further subpoena to MERC is refused
Legal Topics
['subpoenas' 'leave to Issue Subpoena' 'fishing Expedition' 'oppressive Production' 'pleadings and Particulars' 'litigant in Person']
['civil Procedure'] ['subpoenas' 'leave to Issue Subpoena' 'fishing Expedition' 'oppressive Production' 'pleadings and Particulars' 'litigant in Person']

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Procedural Posture

Procedural Ruling Concerning Subpoenas / Application on the Papers by the Cross Claimant for Leave to Issue a Further Subpoena to MERC to Produce Documents

Legal Issues

  1. 1 ['Whether leave should be granted to issue a further subpoena to MERC for agency appointment documents prior to December 2009.' 'Whether the subpoena sought documents outside the pleaded and particularised issues in the Second Further Amended First Cross-Claim.' 'Whether the proposed subpoena amounted to a fishing expedition.' 'Whether the width of the proposed subpoena was oppressive.']

Ratio Decidendi

Leave was refused because the proposed subpoena sought evidence well outside the pleaded and particularised negligence case, appeared to be a fishing expedition for information Mr Sayed did not have, and was in any event oppressive because of its temporal and subject-matter breadth.

Court Disposition

Leave to issue the further subpoena to MERC is refused

Orders

  • ['Leave to issue the further subpoena to MERC is refused.']