Burswood Management Ltd & Anor v Burswood Casino Motel/Hotel [1987] FCA 421

Burswood Management Ltd & Anor v Burswood Casino Motel/Hotel [1987] FCA 421

The subpoenas to witnesses for production of documents were set aside because the classes of documents sought were wide, lacked reasonable particularity, and bore no apparent connection to the issues raised in the pleadings, thereby amounting to an abuse of the process of the Court. The absence of evidence as to the ability of witnesses to give relevant evidence meant the subpoenas to attend and give evidence were not set aside, but liberty to re-apply was given. The motion for specific discovery failed for lack of relevance in the documents sought. The applicants were ordered to provide further and better particulars pursuant to parts of the respondents' request not objected to in...

Parties
Applicant: Burswood Management Limited; Applicant: West Australian Trustees Limited; First Respondent: Burswood Casino Motel/Hotel Pty Ltd; Second Respondent: Francesco Bempasciuto; Third Respondent: Australian Telecommunications Commission
Jurisdiction
Australia
Judgment Date
05 August 1987
Procedural Posture
Motion / Interlocutory (on Motions to Set Aside Subpoenas and for Further Discovery and Particulars)
Outcome
Subpoenas for production of documents set aside; motion for specific discovery dismissed; order for provision of further particulars granted in part; costs awarded against respondents for motions regarding subpoenas.
Legal Topics
Subpoenas, Discovery, Further Particulars, Abuse of Process
Practice and Procedure Subpoenas Discovery Further Particulars Abuse of Process

Case Brief

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Parties

Burswood Management Limited

Applicant

West Australian Trustees Limited

Applicant

Burswood Casino Motel/Hotel Pty Ltd

First Respondent

Francesco Bempasciuto

Second Respondent

Australian Telecommunications Commission

Third Respondent

Procedural Posture

Motion / Interlocutory (on Motions to Set Aside Subpoenas and for Further Discovery and Particulars)

Legal Issues

  1. 1 Whether subpoenas issued to witnesses for production of documents were oppressive or amounted to an abuse of process
  2. 2 Whether the subpoenas should be set aside either in whole or in part
  3. 3 Whether an order for further discovery or further and better particulars should be made

Ratio Decidendi

The subpoenas to witnesses for production of documents were set aside because the classes of documents sought were wide, lacked reasonable particularity, and bore no apparent connection to the issues raised in the pleadings, thereby amounting to an abuse of the process of the Court. The absence of evidence as to the ability of witnesses to give relevant evidence meant the subpoenas to attend and give evidence were not set aside, but liberty to re-apply was given. The motion for specific discovery failed for lack of relevance in the documents sought. The applicants were ordered to provide further and better particulars pursuant to parts of the respondents' request not objected to in...

Court Disposition

Subpoenas for production of documents set aside; motion for specific discovery dismissed; order for provision of further particulars granted in part; costs awarded against respondents for motions regarding subpoenas.

Orders

  • The subpoenas issued to Messrs. Hughes, Au, Lim, Reid, Perrott, and Fisher on 27 July 1987 are set aside insofar as they require production of documents.
  • Respondents to pay the costs of the motion in any event (regarding first group of witnesses).