In the matter of Belinda International Pty Ltd (Subject to Deed of Company Arrangement) ACN 055 392 777 (No 2) [2011] NSWSC 1420

In the matter of Belinda International Pty Ltd (Subject to Deed of Company Arrangement) ACN 055 392 777 (No 2) [2011] NSWSC 1420

The material sought by the subpoenas is not relevant to the pleaded case as Mr Devlin's complaint is about the adequacy of the administrators' report, not whether the underlying material was misleading. Absent a specific allegation that the material relied on was itself misleading, seeking documents to test it amounts to fishing.

Jurisdiction
Australia
Judgment Date
25 November 2011
Procedural Posture
Civil / Interlocutory Application to Set Aside Subpoenas
Outcome
Subpoenas to Jacqueline Yencken and RBK Partners Pty Ltd set aside; costs awarded to first defendant.
Legal Topics
['subpoena' 'relevance of Evidence' 'deed of Company Arrangement']
['corporations Law' 'civil Procedure'] ['subpoena' 'relevance of Evidence' 'deed of Company Arrangement']

Case Brief

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Procedural Posture

Civil / Interlocutory Application to Set Aside Subpoenas

Legal Issues

  1. 1 ['Whether subpoenas issued to Jacqueline Yencken and RBK Partners Pty Ltd should be set aside for lack of relevance to pleaded case']

Ratio Decidendi

The material sought by the subpoenas is not relevant to the pleaded case as Mr Devlin's complaint is about the adequacy of the administrators' report, not whether the underlying material was misleading. Absent a specific allegation that the material relied on was itself misleading, seeking documents to test it amounts to fishing.

Court Disposition

Subpoenas to Jacqueline Yencken and RBK Partners Pty Ltd set aside; costs awarded to first defendant.

Orders

  • ['The subpoena to produce issued on 24 October 2011 to Jacqueline Yencken be set aside.' 'The subpoena to produce issued on 26 October 2011 to RBK Partners Pty Ltd be set aside.' "The plaintiff pay the first defendant's costs of the amended interlocutory process filed on 11 November 2011."]