JKB Holdings Pty Ltd v Alejandro Jose De La Vega & Anor [2011] NSWSC 1236

JKB Holdings Pty Ltd v Alejandro Jose De La Vega & Anor [2011] NSWSC 1236

The subpoenas, as drafted, would inevitably catch many documents of no potential relevance to the issues in the proceedings and were therefore oppressive and should be set aside to the extent of paragraphs 1 to 12.

Jurisdiction
Australia
Judgment Date
05 October 2011
Procedural Posture
Equity Division Duty List / Interlocutory Application to Set Aside Parts of Subpoenas
Outcome
Paragraphs 1 to 12 of the subpoenas set aside; plaintiff ordered to pay defendant's costs of motion.
Legal Topics
['subpoenas' 'oppression' 'fishing Expedition']
['practice and Procedure'] ['subpoenas' 'oppression' 'fishing Expedition']

Case Brief

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Procedural Posture

Equity Division Duty List / Interlocutory Application to Set Aside Parts of Subpoenas

Legal Issues

  1. 1 ['Whether paragraphs 1 to 12 of the subpoenas issued on 29 July 2011 should be set aside for being oppressive or an abuse of process']

Ratio Decidendi

The subpoenas, as drafted, would inevitably catch many documents of no potential relevance to the issues in the proceedings and were therefore oppressive and should be set aside to the extent of paragraphs 1 to 12.

Court Disposition

Paragraphs 1 to 12 of the subpoenas set aside; plaintiff ordered to pay defendant's costs of motion.

Orders

  • ['Paragraphs 1 to 12 of the subpoenas issued on 29 July 2011 addressed to Mireille Friedman, Brigette Friedman and Zupa Investments Pty Limited are set aside.' "Plaintiff to pay defendant's costs of the motion."]