Graham Evans Pty Ltd v Stencraft Pty Ltd [1996] FCA 917

Graham Evans Pty Ltd v Stencraft Pty Ltd [1996] FCA 917

The subpoena was set aside because it was too wide: on the pleadings, Evans' claimed loss was based on its own anticipated profit margin from other projects, not on any profit earned by Pidgeon, so the profitability documents sought were not relevant to the principal proceedings. However, because Pidgeon admitted that certain documents were relevant, the subpoena was set aside on terms requiring those documents to be made available for inspection and copying.

Jurisdiction
Australia
Judgment Date
26 September 1996
Procedural Posture
Notice of Motion to Set Aside Subpoena to Produce / Interlocutory Motion
Outcome
Subpoena to produce set aside on terms, with costs fixed and payable by the applicant to Pidgeon.
Legal Topics
['subpoena to Produce' 'relevance to Pleaded Issues' 'discovery' 'costs']
['civil Procedure'] ['subpoena to Produce' 'relevance to Pleaded Issues' 'discovery' 'costs']

Case Brief

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Procedural Posture

Notice of Motion to Set Aside Subpoena to Produce / Interlocutory Motion

Legal Issues

  1. 1 ['Whether the subpoena to produce directed to F A Pidgeon & Son Pty Ltd should be set aside as too wide.' 'Whether documents relating to the profitability of the Dockside Stage Three project for Pidgeon were relevant to the pleaded issues between Graham Evans Pty Ltd and Stencraft Pty Ltd.' "Whether Pidgeon could resist production of relevant documents on the basis that it had supplied them to Stencraft's solicitors."]

Ratio Decidendi

The subpoena was set aside because it was too wide: on the pleadings, Evans' claimed loss was based on its own anticipated profit margin from other projects, not on any profit earned by Pidgeon, so the profitability documents sought were not relevant to the principal proceedings. However, because Pidgeon admitted that certain documents were relevant, the subpoena was set aside on terms requiring those documents to be made available for inspection and copying.

Court Disposition

Subpoena to produce set aside on terms, with costs fixed and payable by the applicant to Pidgeon.

Orders

  • ['The subpoena to produce filed 24 July 1996 directed to F A Pidgeon & Son Pty Ltd be set aside on terms.' 'Within 7 days, Pidgeon make available to the Court all documents outlined in paragraph 3 of the affidavit of Frederic Brands filed 9 September 1996.' 'Inspection of such material by both parties is to occur...