Fivex Pty Ltd v Valuer-General [2013] NSWLEC 114

Fivex Pty Ltd v Valuer-General [2013] NSWLEC 114

The subpoena as presently drafted is not upheld as it constitutes a fishing expedition and lacks sufficient specificity in identification of documents, but there is legitimate forensic purpose for some tenancy documents relevant to the valuation method proposed, so the parties are directed to clarify and produce specific documents for inspection.

Parties
Applicant: Fivex Pty Limited; Respondent: Valuer-General
Jurisdiction
Australia
Judgment Date
23 July 2013
Procedural Posture
Class 3 Appeal Under Valuation of Land Act 1916 / Interlocutory; Determination of Motions Relating to Subpoenas and Production of Documents, Orders for Further Conduct
Outcome
Interlocutory orders made—subpoena in current form not upheld; stand over applicant's notice of motion; further directions given for identification and production of documents; prior notice of motion dismissed with costs by consent.
Legal Topics
Subpoena, Production of Documents, Valuation Methodology, Forensic Purpose of Evidence, Fishing Expedition
Civil Procedure Land Valuation Subpoena Production of Documents Valuation Methodology Forensic Purpose of Evidence Fishing Expedition

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Parties

Fivex Pty Limited

Applicant

Valuer-General

Respondent

Procedural Posture

Class 3 Appeal Under Valuation of Land Act 1916 / Interlocutory; Determination of Motions Relating to Subpoenas and Production of Documents, Orders for Further Conduct

Legal Issues

  1. 1 Whether the subpoena for tenancy documents serves a legitimate forensic purpose
  2. 2 Whether the documents sought are identified with sufficient specificity or the subpoena constitutes a fishing expedition

Ratio Decidendi

The subpoena as presently drafted is not upheld as it constitutes a fishing expedition and lacks sufficient specificity in identification of documents, but there is legitimate forensic purpose for some tenancy documents relevant to the valuation method proposed, so the parties are directed to clarify and produce specific documents for inspection.

Court Disposition

Interlocutory orders made—subpoena in current form not upheld; stand over applicant's notice of motion; further directions given for identification and production of documents; prior notice of motion dismissed with costs by consent.

Orders

  • Stand over the applicant's notice of motion filed on 14 June 2013 for final orders to be made on Friday 9 August 2013.
  • Direct that the respondent identify in writing and provide to the applicant by 5.00pm on Friday 26 July 2013 the tenancy documents that it seeks to have produced for preparing its valuation evidence.