Martin, N. v Lewis Construction Co. Pty Ltd [1986] FCA 212

Martin, N. v Lewis Construction Co. Pty Ltd [1986] FCA 212

The subpoenas issued on 13 May 1986 and part of those issued on 15 May 1986 are oppressive in scope and require unreasonable time and effort for compliance, including searching for documents over more than five years and from multiple locations; they are therefore to be set aside wholly or in part.

Parties
Prosecutor: Norman Martin; Defendant: Lewis Construction Company Pty. Ltd.
Jurisdiction
Australia
Judgment Date
29 May 1986
Procedural Posture
Application to Set Aside Subpoenas / Ruling on Motions to Set Aside Subpoenas
Outcome
Subpoenas issued 13 May 1986 set aside wholly; paragraphs 2 and 3 of subpoenas issued 15 May 1986 set aside; persons addressed by 15 May subpoenas must comply with paragraph 1 as varied by removing 'notes'.
Legal Topics
Subpoenas, Oppression, Document Production
Industrial Law Procedure Subpoenas Oppression Document Production

Case Brief

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Parties

Norman Martin

Prosecutor

Lewis Construction Company Pty. Ltd.

Defendant

Procedural Posture

Application to Set Aside Subpoenas / Ruling on Motions to Set Aside Subpoenas

Legal Issues

  1. 1 Whether subpoenas issued to the Federation and its branches for the production of documents are oppressive and should be set aside in whole or in part

Ratio Decidendi

The subpoenas issued on 13 May 1986 and part of those issued on 15 May 1986 are oppressive in scope and require unreasonable time and effort for compliance, including searching for documents over more than five years and from multiple locations; they are therefore to be set aside wholly or in part.

Court Disposition

Subpoenas issued 13 May 1986 set aside wholly; paragraphs 2 and 3 of subpoenas issued 15 May 1986 set aside; persons addressed by 15 May subpoenas must comply with paragraph 1 as varied by removing 'notes'.

Orders

  • Each subpoena issued 13 May 1986 is set aside wholly.
  • Paragraphs 2 and 3 of the schedule to each subpoena issued 15 May 1986 are set aside.