Hibbert v Nationwide News Pty Ltd (No. 2) [2016] NSWDC 206

Hibbert v Nationwide News Pty Ltd (No. 2) [2016] NSWDC 206

Given the absence of the producing party, the ongoing inadequate and incomplete responses, the failure to apply to set aside the subpoena, and the likely existence of relevant documents, the interests of justice required the Court to order the attendance of an authorised officer of Manly-Warringah Sea Eagles Limited for examination as to compliance with the subpoena.

Parties
Plaintiff: Darren Hibbert; First Defendant/first Applicant: Nationwide News Pty Ltd; Second Defendant/second Applicant: Josh Massoud; Respondent/producing Party: Manly-Warringah Sea Eagles Limited
Jurisdiction
Australia
Judgment Date
08 September 2016
Procedural Posture
Civil / Interlocutory Application Regarding Compliance With Subpoena
Outcome
Application granted for examination of producing party's officer; matter stood over; costs reserved; liberty to apply.
Legal Topics
Subpoena Compliance, Third Party Production, Examination of Officer, Practice and Procedure
Civil Procedure Subpoena Compliance Third Party Production Examination of Officer Practice and Procedure

Case Brief

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Parties

Darren Hibbert

Plaintiff

Nationwide News Pty Ltd

First Defendant/first Applicant

Josh Massoud

Second Defendant/second Applicant

Manly-Warringah Sea Eagles Limited

Respondent/producing Party

Procedural Posture

Civil / Interlocutory Application Regarding Compliance With Subpoena

Legal Issues

  1. 1 Whether an order should be made for an authorised officer of the producing party to attend court for the purpose of examination regarding compliance with a subpoena
  2. 2 Whether the defendants established sufficient failure to comply with the subpoena

Ratio Decidendi

Given the absence of the producing party, the ongoing inadequate and incomplete responses, the failure to apply to set aside the subpoena, and the likely existence of relevant documents, the interests of justice required the Court to order the attendance of an authorised officer of Manly-Warringah Sea Eagles Limited for examination as to compliance with the subpoena.

Court Disposition

Application granted for examination of producing party's officer; matter stood over; costs reserved; liberty to apply.

Orders

  • Manly-Warringah Sea Eagles Limited called outside Court 13D three times at 10:55am – No appearance.
  • An order that an authorised officer of Manly-Warringah Sea Eagles Limited attend court on Thursday 6 October 2016 for examination in relation to compliance with defendants' subpoena issued 28 April 2016.