Roberts-Smith v Fairfax Media Publications Pty Limited (No 43) [2023] FCA 886

Roberts-Smith v Fairfax Media Publications Pty Limited (No 43) [2023] FCA 886

Subject to minor amendments, the subpoenas to produce documents and notices to produce were sufficiently particularised, had a legitimate forensic purpose in relation to the application for third party costs against SNOL and ACE, were not oppressive, and did not amount to general discovery. Applications to set aside the subpoenas and notices were dismissed.

Jurisdiction
Australia
Judgment Date
31 July 2023
Procedural Posture
Interlocutory Application / Ruling on Subpoenas and Notices to Produce
Outcome
Interlocutory applications to set aside subpoenas and notices to produce dismissed, subject to minor amendments to the subpoena directed to Australian Capital Equity Pty Ltd.
Legal Topics
['subpoenas' 'discovery' 'setting Aside Subpoena' 'non Party Subpoenas' 'third Party Costs' 'costs Against Non Parties']
['practice and Procedure'] ['subpoenas' 'discovery' 'setting Aside Subpoena' 'non Party Subpoenas' 'third Party Costs' 'costs Against Non Parties']

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Procedural Posture

Interlocutory Application / Ruling on Subpoenas and Notices to Produce

Legal Issues

  1. 1 ['Whether certain subpoenas to produce documents should be set aside under r 24.15 of the Federal Court Rules 2011 (Cth) as being in the nature of general discovery, lacking sufficient particularity, or being oppressive;' 'Whether subpoenas serve a legitimate forensic purpose;' 'Application of principles for costs orders against third parties.']

Ratio Decidendi

Subject to minor amendments, the subpoenas to produce documents and notices to produce were sufficiently particularised, had a legitimate forensic purpose in relation to the application for third party costs against SNOL and ACE, were not oppressive, and did not amount to general discovery. Applications to set aside the subpoenas and notices were dismissed.

Court Disposition

Interlocutory applications to set aside subpoenas and notices to produce dismissed, subject to minor amendments to the subpoena directed to Australian Capital Equity Pty Ltd.

Orders

  • ["The subpoena to produce documents directed to Australian Capital Equity Pty Ltd be amended so that certain references to 'document repositories relating to...' are replaced by 'document repositories in respect of which ... is the custodian'." 'Paragraphs 1, 2, 3, 4 and 5 of the Interlocutory application brought by...