The Checkout Pty Ltd v Cordell Jigsaw Productions Pty Ltd (No 6) [2020] NSWSC 1820

The Checkout Pty Ltd v Cordell Jigsaw Productions Pty Ltd (No 6) [2020] NSWSC 1820

The subpoenas were not set aside merely because their categories overlapped with discovery categories, but compliance had to be assessed category by category. On the evidence, the ABC had already produced or had no documents for categories A1 to A3, so compliance was not required. Category A4 was sufficiently connected to issues in the proceedings insofar as it concerned Reputation Rehab and had to be answered. Categories B1 to B6 had to be answered only to the extent they captured documents relating to season 6 of The Checkout. Category B7 was too broad and not shown to be readily searchable, and relevant communications should be captured by discovery from Mr Murray, so compliance was...

Jurisdiction
Australia
Judgment Date
15 December 2020
Procedural Posture
Civil Procedure Application Concerning Subpoenas to Produce Documents / Notice of Motion by the Australian Broadcasting Corporation and ABC Employees to Set Aside or Limit Subpoenas
Outcome
Orders to be made limiting the subpoena recipient's obligation to comply with the subpoenas; ABC awarded costs of the notice of motion and reasonable costs of compliance.
Legal Topics
['subpoena to Produce Documents' 'application to Set Aside Subpoena' 'third Party Discovery' 'costs of Subpoena Compliance']
['civil Procedure' 'equity Commercial List'] ['subpoena to Produce Documents' 'application to Set Aside Subpoena' 'third Party Discovery' 'costs of Subpoena Compliance']

Case Brief

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Procedural Posture

Civil Procedure Application Concerning Subpoenas to Produce Documents / Notice of Motion by the Australian Broadcasting Corporation and ABC Employees to Set Aside or Limit Subpoenas

Legal Issues

  1. 1 ['Whether the Third Subpoena and Employee Subpoenas should be set aside because they sought documents in categories similar to discovery categories sought from the defendants.' 'Whether the ABC should be excused from producing documents in categories A1 to A3 of the Third Subpoena.' 'Whether the ABC should produce documents in category A4 concerning Reputation Rehab.' 'Whether the ABC should produce documents in categories B1 to B6 relating to season 6 of The Checkout.' "Whether the ABC should be required to comply with category B7 concerning communications to Mr Murray's telephone numbers." 'Whether the ABC Employees should be required to respond further to the Employee Subpoenas.']

Ratio Decidendi

The subpoenas were not set aside merely because their categories overlapped with discovery categories, but compliance had to be assessed category by category. On the evidence, the ABC had already produced or had no documents for categories A1 to A3, so compliance was not required. Category A4 was sufficiently connected to issues in the proceedings insofar as it concerned Reputation Rehab and had to be answered. Categories B1 to B6 had to be answered only to the extent they captured documents relating to season 6 of The Checkout. Category B7 was too broad and not shown to be readily searchable, and relevant communications should be captured by discovery from Mr Murray, so compliance was...

Court Disposition

Orders to be made limiting the subpoena recipient's obligation to comply with the subpoenas; ABC awarded costs of the notice of motion and reasonable costs of compliance.

Orders

  • ['The ABC is excused from responding to categories A1 to A3 of the Third Subpoena.' 'The ABC must respond to category A4 by producing documents sought insofar as they relate to the Reputation Rehab program.' 'The ABC must respond to categories B1 to B6 by producing documents of the kind specified that refer to...