Rush v Nationwide News Pty Limited (No 3) [2018] FCA 1546

It is at least 'on the cards' that the subpoenaed documents may materially assist Mr Rush; thus, there is no reason to set aside the impugned paragraphs of the subpoena.

Jurisdiction: Australia
Judgment Date: 26 September 2018
Procedural Posture: Interlocutory Application / Application to Set Aside Parts of Subpoena
Outcome: Interlocutory application dismissed with costs.
Legal Topics: ['subpoena' 'relevance of Documents' 'interlocutory Application']

['practice and Procedure'] ['subpoena' 'relevance of Documents' 'interlocutory Application']

Case Brief

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Procedural Posture

Interlocutory Application / Application to Set Aside Parts of Subpoena

Legal Issues

1 ['Whether to set aside certain paragraphs of a subpoena on grounds of relevance']

Ratio Decidendi

It is at least 'on the cards' that the subpoenaed documents may materially assist Mr Rush; thus, there is no reason to set aside the impugned paragraphs of the subpoena.

Court Disposition

Interlocutory application dismissed with costs.

Orders

['Pages 1–6 of Exhibit NP1 to the affidavit of Nicholas Pullen sworn 24 September 2018 be treated as confidential and are not to be released to third parties.' "Sydney Theatre Company Limited's interlocutory application filed 12 September 2018 is dismissed with costs." 'The subpoena to Sydney Theatre Company Limited...