Kostov v YPOL Pty Ltd [2017] NSWSC 39

Kostov v YPOL Pty Ltd [2017] NSWSC 39

Given the plaintiff’s concessions regarding the authorship of the communications and the lack of relevance of the phone records sought for periods before the potentially contemptuous conduct, the leave to subpoena Telstra should be revoked.

Parties
Plaintiff: Adriana Kostov; First Defendant: YPOL Pty Ltd AC 109710698; Second Defendant: Jeffrey Easton
Jurisdiction
Australia
Judgment Date
03 February 2017
Procedural Posture
Notice of Motion / Interlocutory Application
Outcome
Leave to issue subpoena revoked. Costs reserved.
Legal Topics
Subpoenas, Contempt of Court
Procedure Subpoenas Contempt of Court

Case Brief

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Parties

Adriana Kostov

Plaintiff

YPOL Pty Ltd AC 109710698

First Defendant

Jeffrey Easton

Second Defendant

Procedural Posture

Notice of Motion / Interlocutory Application

Legal Issues

  1. 1 Whether leave to issue a subpoena to Telstra for the plaintiff's records should be revoked.

Ratio Decidendi

Given the plaintiff’s concessions regarding the authorship of the communications and the lack of relevance of the phone records sought for periods before the potentially contemptuous conduct, the leave to subpoena Telstra should be revoked.

Court Disposition

Leave to issue subpoena revoked. Costs reserved.

Orders

  • The leave granted by Lindsay J on 27 January 2017 for the defendants to issue a subpoena to Telstra in respect of Ms Kostov's records be revoked.
  • Costs reserved.