Mathai v Kwee (No. 1) [2005] FCA 721

Mathai v Kwee (No. 1) [2005] FCA 721

Requirements in the subpoenas for production of documents were struck out as they improperly sought discovery against third parties and were oppressive, and because adequate conduct money was not initially provided.

Parties
Applicant: Mathew Keralavakayil Mathai; First Respondent: Low Mooi Kwee; Second Respondent: Loke Ching Wong as Trustee of the Property of Mathew Keralavakayil Mathai, a Bankrupt
Jurisdiction
Australia
Judgment Date
25 May 2005
Procedural Posture
Application to Annul Sequestration Order / Interlocutory Motion Concerning Subpoenas
Outcome
Orders made striking out parts of the subpoenas and costs awarded against the First Respondent
Legal Topics
Sequestration Order, Subpoenas, Third Party Discovery, Costs
Bankruptcy Law Civil Procedure Sequestration Order Subpoenas Third Party Discovery Costs

Case Brief

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Parties

Mathew Keralavakayil Mathai

Applicant

Low Mooi Kwee

First Respondent

Loke Ching Wong as Trustee of the Property of Mathew Keralavakayil Mathai, a Bankrupt

Second Respondent

Procedural Posture

Application to Annul Sequestration Order / Interlocutory Motion Concerning Subpoenas

Legal Issues

  1. 1 Whether the subpoenas served on third parties improperly seek discovery or are oppressive or inappropriate
  2. 2 Whether adequate conduct money was provided

Ratio Decidendi

Requirements in the subpoenas for production of documents were struck out as they improperly sought discovery against third parties and were oppressive, and because adequate conduct money was not initially provided.

Court Disposition

Orders made striking out parts of the subpoenas and costs awarded against the First Respondent

Orders

  • The requirement for the production of documents in the subpoena to Margaret Lee Mathai is struck out together with the whole of the schedule.
  • Paragraph 3 of the schedule to the subpoena to Michael Lee Mathai is struck out; the words 'evidencing or otherwise' in each of paragraphs 1 and 2 of the schedule are struck out.