Deeming v Pesutto (No 2) [2024] FCA 1090

Deeming v Pesutto (No 2) [2024] FCA 1090

None of the documents sought by the proposed subpoena have apparent relevance to any pleaded issue in the case, and the application for leave amounts to a fishing expedition, thus leave to issue the subpoena is refused.

Parties
Applicant: Moira Deeming; Respondent: John Pesutto
Jurisdiction
Australia
Judgment Date
11 September 2024
Procedural Posture
Application for Leave to Issue Subpoena / Interlocutory Decision
Outcome
Application for leave to issue subpoena refused
Legal Topics
Leave to Issue Subpoena, Apparent Relevance, Fishing Expedition
Practice and Procedure Leave to Issue Subpoena Apparent Relevance Fishing Expedition

Case Brief

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Parties

Moira Deeming

Applicant

John Pesutto

Respondent

Procedural Posture

Application for Leave to Issue Subpoena / Interlocutory Decision

Legal Issues

  1. 1 Whether the documents sought by subpoena have apparent relevance to pleaded issues
  2. 2 Whether the application amounts to a fishing expedition

Ratio Decidendi

None of the documents sought by the proposed subpoena have apparent relevance to any pleaded issue in the case, and the application for leave amounts to a fishing expedition, thus leave to issue the subpoena is refused.

Court Disposition

Application for leave to issue subpoena refused

Orders

  • The applicant's application for leave to issue a subpoena addressed to Mr David Southwick MP is refused.