Perre v Apand Pty Ltd [2005] FCA 542

Perre v Apand Pty Ltd [2005] FCA 542

The evidence established that S & R did not have documents relevant to the issues in the proceedings, as their involvement began after the contested period. The application for leave to subpoena S & R was therefore an impermissible fishing expedition and should be refused.

Jurisdiction
Australia
Judgment Date
06 May 2005
Procedural Posture
Practice and Procedure / Application for Leave to Issue Subpoena; Post Judgment Motion in Ongoing Proceedings
Outcome
Application for leave to issue subpoena refused
Legal Topics
['subpoenas' 'discovery' 'fresh Evidence' 'abuse of Process' 'costs']
['civil Procedure'] ['subpoenas' 'discovery' 'fresh Evidence' 'abuse of Process' 'costs']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Practice and Procedure / Application for Leave to Issue Subpoena; Post Judgment Motion in Ongoing Proceedings

Legal Issues

  1. 1 ['Whether relevant documents were in the possession, custody or control of the second or third respondents' "Whether the application for subpoena constituted a 'fishing expedition'"]

Ratio Decidendi

The evidence established that S & R did not have documents relevant to the issues in the proceedings, as their involvement began after the contested period. The application for leave to subpoena S & R was therefore an impermissible fishing expedition and should be refused.

Court Disposition

Application for leave to issue subpoena refused

Orders

  • ['Leave to issue a subpoena directed to Dr Scholefield refused.' "The applicant to pay the second and third respondents' costs."]