FAI Home Security v Jay-N-Tee Pty Ltd [1999] FCA 1408

FAI Home Security v Jay-N-Tee Pty Ltd [1999] FCA 1408

The subpoenas were not set aside because the applicant had direct evidence as to the flip chart and a reasonable inference as to the sales script, production was sought for an interlocutory injunction application before discovery and discovery was unavailable against non-parties, and the subpoenas were not generally oppressive or insufficiently precise. However, some words were to be deleted or corrected to remove overbreadth, confusion or drafting errors, while leaving the subpoenas otherwise effective.

Jurisdiction
Australia
Judgment Date
13 September 1999
Procedural Posture
Interlocutory Application for Injunctions and Notices of Motion to Set Aside Subpoenas / Interlocutory Hearing
Outcome
The respondents' notices of motion to set aside the subpoenas were dismissed; the interlocutory injunction was continued; subpoenas were amended; costs and further procedural orders were made.
Legal Topics
['interlocutory Injunctions' 'subpoenas to Produce' 'setting Aside Subpoenas' 'fishing Subpoenas' 'discovery' 'oppression' 'amendment of Subpoenas']
['copyright' 'civil Procedure'] ['interlocutory Injunctions' 'subpoenas to Produce' 'setting Aside Subpoenas' 'fishing Subpoenas' 'discovery' 'oppression' 'amendment of Subpoenas']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Interlocutory Application for Injunctions and Notices of Motion to Set Aside Subpoenas / Interlocutory Hearing

Legal Issues

  1. 1 ['Whether subpoenas seeking flip charts, sales scripts and related sales presentation documents should be set aside as fishing.' 'Whether the applicant should be required to await discovery rather than obtain documents by subpoena for an interlocutory injunction application.' 'Whether the subpoenas were oppressive because they required recipients to form judgments about relevance to issues in the proceeding.' 'Whether the documents sought were specified with sufficient precision.' "Whether subpoena categories concerning future sales presentations and Mr Giannoss's black folder were permissible."]

Ratio Decidendi

The subpoenas were not set aside because the applicant had direct evidence as to the flip chart and a reasonable inference as to the sales script, production was sought for an interlocutory injunction application before discovery and discovery was unavailable against non-parties, and the subpoenas were not generally oppressive or insufficiently precise. However, some words were to be deleted or corrected to remove overbreadth, confusion or drafting errors, while leaving the subpoenas otherwise effective.

Court Disposition

The respondents' notices of motion to set aside the subpoenas were dismissed; the interlocutory injunction was continued; subpoenas were amended; costs and further procedural orders were made.

Orders

  • ['Order No 1 made by Finkelstein J on 1 September 1999 be continued up to and including 4.15 pm (Eastern Standard Time) on 5 October 1999.' "The First and Second Respondent's Notice of Motion dated 8 September 1999 be dismissed." "The Third and Fourth Respondent's Notice of Motion dated 8 September 1999 be...