Aflak v Mowad [2015] NSWDC 432

Aflak v Mowad [2015] NSWDC 432

The subpoenas were set aside because they were broadly framed, included many documents conceded to be irrelevant to the issues in these proceedings, and were issued while the defendants remained in default of evidence orders and were not presently entitled to rely on evidence; however, the plaintiff's concession to limited production was accepted, with production conditioned on the defendants obtaining leave or relief from the 12 October 2015 order.

Jurisdiction
Australia
Judgment Date
06 November 2015
Procedural Posture
Civil / Plaintiff's Notice of Motion to Set Aside Subpoenas
Outcome
Subpoenas set aside conditionally; defendants ordered to pay the plaintiff's costs of the notice of motion; indemnity costs refused.
Legal Topics
['subpoenas' 'application to Set Aside Subpoenas' 'default in Filing Evidence' 'costs' 'indemnity Costs' 'contracts Review Act 1980']
['civil Procedure' 'contracts'] ['subpoenas' 'application to Set Aside Subpoenas' 'default in Filing Evidence' 'costs' 'indemnity Costs' 'contracts Review Act 1980']

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 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Civil / Plaintiff's Notice of Motion to Set Aside Subpoenas

Legal Issues

  1. 1 ['Whether subpoenas issued by the defendants to companies related to the plaintiff should be set aside.' "Whether the defendants' default in serving evidence and the order precluding reliance on evidence supported setting aside the subpoenas." 'Whether the plaintiff should receive costs of the notice of motion on an indemnity basis.']

Ratio Decidendi

The subpoenas were set aside because they were broadly framed, included many documents conceded to be irrelevant to the issues in these proceedings, and were issued while the defendants remained in default of evidence orders and were not presently entitled to rely on evidence; however, the plaintiff's concession to limited production was accepted, with production conditioned on the defendants obtaining leave or relief from the 12 October 2015 order.

Court Disposition

Subpoenas set aside conditionally; defendants ordered to pay the plaintiff's costs of the notice of motion; indemnity costs refused.

Orders

  • ['Set aside the subpoenas referred to in paragraph 1 of the notice of motion filed by the plaintiff on 8 October 2015 on the condition that the plaintiff produce documents to the defendants in accordance with its offer in the letter dated 8 September 2015 within 14 days of the defendants obtaining the leave referred...