Dr Michael Van Thanh Quach v MLC Life Limited (No 1) [2019] FCA 1194

Dr Michael Van Thanh Quach v MLC Life Limited (No 1) [2019] FCA 1194

Subpoena paragraphs seeking correspondence between subpoena recipients and regulatory bodies were not apparently relevant to the issues in the proceeding and were struck out. The subpoena to Dr Quach for tax and financial records relating to his private company was not set aside because it sought documents within his possession or control, and the respondent was entitled to seek documents for the period to 2018 to test the disputed claim that Dr Quach was unable to work after 14 August 2014.

Jurisdiction
Australia
Judgment Date
01 August 2019
Procedural Posture
Interlocutory Application Concerning Subpoenas / Interlocutory Application Dated 10 July 2019
Outcome
Interlocutory application upheld in part; no order as to costs.
Legal Topics
['subpoenas' 'setting Aside Subpoenas' 'apparent Relevance' 'legitimate Forensic Purpose' 'burdensome or Prejudicial Subpoenas' 'production of Documents']
['civil Procedure' 'commercial and Corporations' 'commercial Contracts, Banking, Finance and Insurance'] ['subpoenas' 'setting Aside Subpoenas' 'apparent Relevance' 'legitimate Forensic Purpose' 'burdensome or Prejudicial Subpoenas' 'production of Documents']

Case Brief

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Procedural Posture

Interlocutory Application Concerning Subpoenas / Interlocutory Application Dated 10 July 2019

Legal Issues

  1. 1 ['Whether parts of subpoenas seeking correspondence with regulatory bodies should be set aside for lack of apparent relevance to the proceeding.' 'Whether parts of a subpoena addressed to Dr Quach requiring income tax returns, company tax returns and financial records of Bennelong Medical Pty Limited should be set aside because the company has a different legal status from Dr Quach.' 'Whether the subpoena addressed to Dr Quach should be narrowed to documents ending on 14 August 2014, when he said he ceased to practise.']

Ratio Decidendi

Subpoena paragraphs seeking correspondence between subpoena recipients and regulatory bodies were not apparently relevant to the issues in the proceeding and were struck out. The subpoena to Dr Quach for tax and financial records relating to his private company was not set aside because it sought documents within his possession or control, and the respondent was entitled to seek documents for the period to 2018 to test the disputed claim that Dr Quach was unable to work after 14 August 2014.

Court Disposition

Interlocutory application upheld in part; no order as to costs.

Orders

  • ["The interlocutory application dated 10 July 2019 is upheld to the extent it relates to the following parts of the subpoenas issued on 20 June 2019 at the respondent's request: paragraph (d) of the subpoena addressed to Dr Andrew Pethebridge of St George Public Hospital; paragraph (d) of the subpoena addressed to...