Mac Wealth Holdings Pte Ltd v Integrated Green Energy Amsterdam BV [2020] NSWSC 351

Mac Wealth Holdings Pte Ltd v Integrated Green Energy Amsterdam BV [2020] NSWSC 351

The subpoenas were set aside because their categories, framed by reference to all documents "relating to" broad subject matters, were too broad and vague, would catch many irrelevant documents, and amounted to fishing; the suggested relevance of advice and communications about the plaintiff's intentions did not assist the objective construction of the Letter of Understanding or identify surrounding circumstances known to both parties.

Jurisdiction
Australia
Judgment Date
03 April 2020
Procedural Posture
Notice of Motion to Set Aside Subpoenas to Produce / On the Papers
Outcome
The plaintiff's application was successful; both defendants' subpoenas to produce were set aside and the defendants were ordered to pay the plaintiff's costs of the notice of motion dated 30 March 2020.
Legal Topics
['subpoena for Production of Documents' 'use of the Phrase "relating To" in Subpoenas' 'fishing Subpoenas' 'construction of Written Agreements']
['civil Procedure' 'equity Commercial List'] ['subpoena for Production of Documents' 'use of the Phrase "relating To" in Subpoenas' 'fishing Subpoenas' 'construction of Written Agreements']

Case Brief

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Procedural Posture

Notice of Motion to Set Aside Subpoenas to Produce / On the Papers

Legal Issues

  1. 1 ["Whether the defendants' subpoenas to produce addressed to TheunissenTrollip and Sidcor Pty Ltd should be set aside." 'Whether subpoena categories seeking all documents "relating to" specified matters were too broad or vague.' 'Whether documents concerning advice to the plaintiff about the $10 million investment, the Letter of Understanding, the Deed of Acknowledgement, and the commercial and financial relationship between the parties were relevant to construction of the Letter of Understanding.']

Ratio Decidendi

The subpoenas were set aside because their categories, framed by reference to all documents "relating to" broad subject matters, were too broad and vague, would catch many irrelevant documents, and amounted to fishing; the suggested relevance of advice and communications about the plaintiff's intentions did not assist the objective construction of the Letter of Understanding or identify surrounding circumstances known to both parties.

Court Disposition

The plaintiff's application was successful; both defendants' subpoenas to produce were set aside and the defendants were ordered to pay the plaintiff's costs of the notice of motion dated 30 March 2020.

Orders

  • ["The defendants' subpoena to produce filed on 10 March 2020 and addressed to the proper officer, TheunissenTrollip be set aside." "The defendants' subpoena to produce filed on 25 March 2020 and addressed to the proper officer, Sidcor Pty Ltd be set aside." "The defendants pay the plaintiff's costs of the notice of...