Janala Pty Ltd v Hardaker (No 2) [2022] NSWSC 1222

Janala Pty Ltd v Hardaker (No 2) [2022] NSWSC 1222

Paragraphs 1, 2, 5, 6, 7, and 9 of the subpoena seek documents likely to assist in determining whether Mr Hardaker was the 'human face' of the plaintiff's business at the time the Undertaking was signed; these categories have legitimate forensic purpose and apparent relevance to the validity and reasonableness of the Undertaking. Paragraphs 3, 4, 8, 10, 11, and 12 do not meet this test and should be stood over.

Parties
Plaintiff: Janala Pty Limited; First Defendant: Lonnie Hardaker; Second Defendant: Freight Solution Services Pty Ltd
Jurisdiction
Australia
Judgment Date
12 September 2022
Procedural Posture
Application to Set Aside or Stay Subpoena / Interlocutory Motion
Outcome
Application to set aside or stay subpoena refused in part
Legal Topics
Subpoena, Forensic Purpose, Apparent Relevance, Restraint of Trade, Post Employment Restraints, Customer Connection, Reasonableness of Restraint, Evidence
Equity Practice and Procedure Subpoena Forensic Purpose Apparent Relevance Restraint of Trade Post Employment Restraints Customer Connection +2 more

Case Brief

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Parties

Janala Pty Limited

Plaintiff

Lonnie Hardaker

First Defendant

Freight Solution Services Pty Ltd

Second Defendant

Procedural Posture

Application to Set Aside or Stay Subpoena / Interlocutory Motion

Legal Issues

  1. 1 Whether subpoena lacks legitimate forensic purpose
  2. 2 Whether documents sought are apparently relevant
  3. 3 Extent to which subsequent events are relevant to the validity of a restraint

Ratio Decidendi

Paragraphs 1, 2, 5, 6, 7, and 9 of the subpoena seek documents likely to assist in determining whether Mr Hardaker was the 'human face' of the plaintiff's business at the time the Undertaking was signed; these categories have legitimate forensic purpose and apparent relevance to the validity and reasonableness of the Undertaking. Paragraphs 3, 4, 8, 10, 11, and 12 do not meet this test and should be stood over.

Court Disposition

Application to set aside or stay subpoena refused in part

Orders

  • Paragraphs 1, 2, 5, 6, 7, and 9 of the subpoena should not be set aside.
  • Paragraphs 3, 4, 8, 10, 11, and 12 of the subpoena and paragraph 3 of the notice to produce stood over until the conclusion of the hearing of the validity of the restraints.