Benjamin & Khoury Pty Ltd v Rahme (No 2) [2022] NSWSC 1143

Benjamin & Khoury Pty Ltd v Rahme (No 2) [2022] NSWSC 1143

There is a legitimate forensic purpose for B & K seeking the documents relevant to the indemnity principle in the appeal; the subpoenas and notices to produce are not an abuse of process and are not oppressive; Ms Rahme’s motion to set aside is dismissed.

Parties
Plaintiff: Benjamin & Khoury Pty Ltd; First Defendant: Dana Rahme; Second Defendant: John Sharpe; Third Defendant: Gregory Walsh
Jurisdiction
Australia
Judgment Date
29 August 2022
Procedural Posture
Civil / Ruling on Notice of Motion to Set Aside Subpoenas and Notices to Produce
Outcome
Motion dismissed
Legal Topics
Subpoenas, Notice to Produce, Abuse of Process, Costs Assessment, Indemnity Principle
Civil Procedure Subpoenas Notice to Produce Abuse of Process Costs Assessment Indemnity Principle

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Parties

Benjamin & Khoury Pty Ltd

Plaintiff

Dana Rahme

First Defendant

John Sharpe

Second Defendant

Gregory Walsh

Third Defendant

Procedural Posture

Civil / Ruling on Notice of Motion to Set Aside Subpoenas and Notices to Produce

Legal Issues

  1. 1 Whether subpoenas and notices to produce should be set aside for abuse of process or oppression
  2. 2 Whether documents sought are relevant to application of indemnity principle in appeal against costs certificates

Ratio Decidendi

There is a legitimate forensic purpose for B & K seeking the documents relevant to the indemnity principle in the appeal; the subpoenas and notices to produce are not an abuse of process and are not oppressive; Ms Rahme’s motion to set aside is dismissed.

Court Disposition

Motion dismissed

Orders

  • Dismiss the first defendant's notice of motion filed 21 April 2022 (in both proceedings).
  • Order the first defendant to pay the plaintiff's costs of the notice of motion (in both proceedings).