KSMC Holdings Pty Ltd t/as Hubba Bubba Childcare on Haig v Bowden (No 2) [2020] NSWCA 131

KSMC Holdings Pty Ltd t/as Hubba Bubba Childcare on Haig v Bowden (No 2) [2020] NSWCA 131

The subpoenaed and sought documents were set aside as the issues on the pleadings were limited to questions of the source of funding, which had already been adequately addressed in affidavit evidence. Production of further material, including privileged documents and extensive bank records, would be oppressive, irrelevant, or privileged, and inconsistent with efficient case management under s 56 of the Civil Procedure Act.

Parties
First Appellant: KSMC Holdings Pty Ltd t/as Hubba Bubba Childcare on Haig; Second Appellant: Karen Suzanne Marion Chapman; First Respondent: Matthew Bowden; Second Respondent: Annette Bowden; Third Respondent: Thomas Robinson Bowden
Jurisdiction
Australia
Judgment Date
02 July 2020
Procedural Posture
Application to Set Aside Subpoena and Notices to Produce in Context of Third Party Costs Application (civil) / Procedural Order Post Appeal, Interlocutory Application
Outcome
Certain paragraphs of subpoena and notices to produce set aside; costs awarded to respondents.
Legal Topics
Subpoenas, Notice to Produce, Privilege, Costs, Third Party Costs Order
Civil Procedure Defamation Subpoenas Notice to Produce Privilege Costs Third Party Costs Order

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Parties

KSMC Holdings Pty Ltd t/as Hubba Bubba Childcare on Haig

First Appellant

Karen Suzanne Marion Chapman

Second Appellant

Matthew Bowden

First Respondent

Annette Bowden

Second Respondent

Thomas Robinson Bowden

Third Respondent

Procedural Posture

Application to Set Aside Subpoena and Notices to Produce in Context of Third Party Costs Application (civil) / Procedural Order Post Appeal, Interlocutory Application

Legal Issues

  1. 1 Whether paragraphs of subpoenas and notices to produce should be set aside as irrelevant or oppressive
  2. 2 Whether the documents sought are protected by privilege and/or unnecessary for resolution of the limited issues on the pleadings
  3. 3 Whether production of the documents would be contrary to the dictates of s 56 of the Civil Procedure Act 2005 (NSW)

Ratio Decidendi

The subpoenaed and sought documents were set aside as the issues on the pleadings were limited to questions of the source of funding, which had already been adequately addressed in affidavit evidence. Production of further material, including privileged documents and extensive bank records, would be oppressive, irrelevant, or privileged, and inconsistent with efficient case management under s 56 of the Civil Procedure Act.

Court Disposition

Certain paragraphs of subpoena and notices to produce set aside; costs awarded to respondents.

Orders

  • Set aside paragraphs 2 and 3 of the subpoena dated 30 March 2020.
  • Set aside paragraphs 1 and 2 of the notice to produce dated 30 March 2020.