Plus One International Pty Ltd v Ching [2020] NSWSC 939

Plus One International Pty Ltd v Ching [2020] NSWSC 939

The subpoenas issued to five educational institutions should not have been set aside by the Registrar because there is a reasonable basis, beyond speculation, to think the documents may shed light on whether the defendants used confidential information of the plaintiffs; the subpoenas are not mere fishing expeditions. However, with respect to the subpoenas to Medibank and ANZ, the plaintiffs failed to establish material assistance or lack of speculation, so the Registrar's orders as to those subpoenas are affirmed.

Parties
First Plaintiff: Plus One International Pty Ltd; Second Plaintiff: Plus One Migration Pty Ltd; First Defendant: Yiu Tung Ching; Second Defendant: Jieyi Lu
Jurisdiction
Australia
Judgment Date
22 July 2020
Procedural Posture
Application for Review of Registrar's Decision / Interlocutory Application (review of Decision Setting Aside Subpoenas)
Outcome
Registrar's decision reviewed in part; orders as to educational institutions' subpoenas set aside and substituted; decision as to other subpoenas affirmed; costs to plaintiffs, with liberty for submissions on alternative orders.
Legal Topics
Subpoenas, Notices to Produce, Review of Registrar's Decision, Fishing Expeditions, Confidential Information
Practice and Procedure Subpoenas Notices to Produce Review of Registrar's Decision Fishing Expeditions Confidential Information

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 6 Party arguments 2
Sign in to unlock

Parties

Plus One International Pty Ltd

First Plaintiff

Plus One Migration Pty Ltd

Second Plaintiff

Yiu Tung Ching

First Defendant

Jieyi Lu

Second Defendant

Procedural Posture

Application for Review of Registrar's Decision / Interlocutory Application (review of Decision Setting Aside Subpoenas)

Legal Issues

  1. 1 Whether the subpoenas issued to educational institutions, ANZ, and Medibank should be set aside as fishing expeditions or for lack of legitimate forensic purpose
  2. 2 Whether the Court should exercise its discretion to review the Registrar's decision and reinstate any or all of the subpoenas

Ratio Decidendi

The subpoenas issued to five educational institutions should not have been set aside by the Registrar because there is a reasonable basis, beyond speculation, to think the documents may shed light on whether the defendants used confidential information of the plaintiffs; the subpoenas are not mere fishing expeditions. However, with respect to the subpoenas to Medibank and ANZ, the plaintiffs failed to establish material assistance or lack of speculation, so the Registrar's orders as to those subpoenas are affirmed.

Court Disposition

Registrar's decision reviewed in part; orders as to educational institutions' subpoenas set aside and substituted; decision as to other subpoenas affirmed; costs to plaintiffs, with liberty for submissions on alternative orders.

Orders

  • Set aside order 2 made by the Registrar on 29 May 2020 and in lieu thereof, dismiss paragraphs 2, 4, 5, 7 and 8 of the defendants' amended notice of motion filed on 17 February 2020.
  • Order that the defendants have first access to the documents produced under the five subpoenas to educational institutions for a period of 7 days from the date of these orders, and the plaintiffs have access thereafter.