Dahdah v Platinum Distributors Australia Pty Ltd [2020] FCA 1608

Dahdah v Platinum Distributors Australia Pty Ltd [2020] FCA 1608

The subpoena as drafted is too broad but, in a more narrow form, could address relevant facts in issue. In the absence of evidence of oppression, that argument is rejected. The subpoena is nonetheless set aside for being overly broad but leave may be granted to serve a more limited Notice to Produce.

Parties
Applicant: Jean Dahdah; First Respondent: Platinum Distributors Australia Pty Ltd; Second Respondent: James Dahdah
Jurisdiction
Australia
Judgment Date
04 November 2020
Procedural Posture
Application to Set Aside Subpoena / Interlocutory Application
Outcome
Subpoena set aside
Legal Topics
Setting Aside Subpoena, Relevance of Documents, Oppression in Subpoenas
Employment and Industrial Relations Setting Aside Subpoena Relevance of Documents Oppression in Subpoenas

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Parties

Jean Dahdah

Applicant

Platinum Distributors Australia Pty Ltd

First Respondent

James Dahdah

Second Respondent

Procedural Posture

Application to Set Aside Subpoena / Interlocutory Application

Legal Issues

  1. 1 Whether the subpoena served by the applicant on the second respondent is too broad and seeks documents not relevant to issues in the proceedings
  2. 2 Whether the subpoena is oppressive

Ratio Decidendi

The subpoena as drafted is too broad but, in a more narrow form, could address relevant facts in issue. In the absence of evidence of oppression, that argument is rejected. The subpoena is nonetheless set aside for being overly broad but leave may be granted to serve a more limited Notice to Produce.

Court Disposition

Subpoena set aside

Orders

  • The subpoena served by the applicant on the second respondent on 9 October 2020 be set aside.
  • The costs of the interlocutory application dated 15 October 2020 be reserved.