Labruyere v Parsons Brinckerhoff Australia Pty Limited (No 2) [2017] NSWSC 690

Labruyere v Parsons Brinckerhoff Australia Pty Limited (No 2) [2017] NSWSC 690

Given the volume and potential source of documents, and for abundant caution to avoid future procedural difficulties, it is appropriate to grant leave sought for parties to inspect, copy and utilise subpoenaed documents, consistent with the requirements of the Civil Procedure Act 2005 (NSW).

Jurisdiction
Australia
Judgment Date
01 June 2017
Procedural Posture
Procedure – Notice of Motion / Interlocutory – Application for Orders Regarding Subpoenaed Documents
Outcome
Orders sought made.
Legal Topics
['inspection and Use of Subpoenaed Documents' 'implied Undertaking – Harman Undertaking' "court's Overriding Purpose – Civil Procedure Act 2005 (nsw)"]
['civil Procedure'] ['inspection and Use of Subpoenaed Documents' 'implied Undertaking – Harman Undertaking' "court's Overriding Purpose – Civil Procedure Act 2005 (nsw)"]

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Procedural Posture

Procedure – Notice of Motion / Interlocutory – Application for Orders Regarding Subpoenaed Documents

Legal Issues

  1. 1 ['Whether parties should be granted leave to inspect, copy and utilise documents produced under subpoena by non-parties' 'Implications of implied undertaking on documents produced under compulsion']

Ratio Decidendi

Given the volume and potential source of documents, and for abundant caution to avoid future procedural difficulties, it is appropriate to grant leave sought for parties to inspect, copy and utilise subpoenaed documents, consistent with the requirements of the Civil Procedure Act 2005 (NSW).

Court Disposition

Orders sought made.

Orders

  • ['Leave granted for parties to inspect, copy and otherwise utilise documents produced under subpoena by Thiess Pty Limited and John Holland Pty Limited, in terms of MFI 1 as amended.']