Structerre Consulting Engineers (NSW) Pty Limited v Townend [2020] NSWSC 1476

Structerre Consulting Engineers (NSW) Pty Limited v Townend [2020] NSWSC 1476

The subpoenaed party's relevance objections were too narrowly confined. Given the pleaded contractual obligations prohibiting direct or indirect disclosure of confidential information, the affidavits and documents already produced, and the likelihood that any responsive communications would be exclusive to the subpoenaed party, it was reasonable to infer that the documents sought existed and were likely to materially assist in determining whether the defendant directly or indirectly disclosed or communicated the plaintiff's confidential information. The documents could possibly throw light on issues in the proceedings, so the subpoena was not fishing.

Jurisdiction
Australia
Judgment Date
08 October 2020
Procedural Posture
Application by Subpoenaed Party to Set Aside a Subpoena Under R 33.4 of the Uniform Civil Procedure Rules 2005 (nsw) / Ex Tempore Judgment on Notice of Motion
Outcome
Motion to set aside subpoena dismissed with costs
Legal Topics
['subpoena' 'setting Aside Subpoena' 'relevance' 'fishing Subpoena' 'confidential Information' 'restraint of Trade' 'former Employee']
['civil Procedure' 'employment Law' 'equity'] ['subpoena' 'setting Aside Subpoena' 'relevance' 'fishing Subpoena' 'confidential Information' 'restraint of Trade' 'former Employee']

Case Brief

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Procedural Posture

Application by Subpoenaed Party to Set Aside a Subpoena Under R 33.4 of the Uniform Civil Procedure Rules 2005 (nsw) / Ex Tempore Judgment on Notice of Motion

Legal Issues

  1. 1 ['Whether the documents sought by the subpoena were relevant to a fact in issue in the proceedings' 'Whether the subpoena amounted to fishing' "Whether it was reasonable to infer that the subpoenaed party had documents which could materially assist in determining whether the defendant directly or indirectly disclosed or communicated the plaintiff's confidential information"]

Ratio Decidendi

The subpoenaed party's relevance objections were too narrowly confined. Given the pleaded contractual obligations prohibiting direct or indirect disclosure of confidential information, the affidavits and documents already produced, and the likelihood that any responsive communications would be exclusive to the subpoenaed party, it was reasonable to infer that the documents sought existed and were likely to materially assist in determining whether the defendant directly or indirectly disclosed or communicated the plaintiff's confidential information. The documents could possibly throw light on issues in the proceedings, so the subpoena was not fishing.

Court Disposition

Motion to set aside subpoena dismissed with costs

Orders

  • ['Dismiss the notice of motion filed by Intrax Consulting Group Pty Limited on 27 July 2020.' "Order Intrax Consulting Group Pty Limited to pay the plaintiff's costs of the motion."]