NHB Enterprises Pty Ltd v Corry (No 4) [2020] NSWSC 426

NHB Enterprises Pty Ltd v Corry (No 4) [2020] NSWSC 426

Leave was granted to issue the subpoena to Daniel McKinnon because, given his role as Mr Corry's solicitor shortly after execution of the search order and the plaintiffs' reliance on an email to him, his evidence could possibly throw light on issues in the Contempt Motion. Leave was granted to issue the subpoena to Christopher Athanassios only in modified form because documents recording communications or legal work during the relevant period when he acted for Mr Corry could possibly throw light on those issues. Leave to issue the subpoena to Leanne Balit was refused because categories 10 to 18 were an impermissible fishing exercise based on speculation, and categories 1 to 9 had no...

Jurisdiction
Australia
Judgment Date
21 April 2020
Procedural Posture
Application for Leave to Issue Subpoenas Under Uniform Civil Procedure Rules 2005 (nsw) R 7.3 in Connection With a Contempt Motion / Procedural Ruling Before Hearing of the Contempt Motion
Outcome
Leave to issue subpoenas to Daniel McKinnon and Christopher Athanassios granted; leave to issue subpoena to Leanne Balit refused; costs reserved.
Legal Topics
['subpoenas' 'unrepresented Litigants' 'legitimate Forensic Purpose' 'fishing Expedition' 'legal Professional Privilege']
['practice and Procedure' 'contempt of Court'] ['subpoenas' 'unrepresented Litigants' 'legitimate Forensic Purpose' 'fishing Expedition' 'legal Professional Privilege']

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Procedural Posture

Application for Leave to Issue Subpoenas Under Uniform Civil Procedure Rules 2005 (nsw) R 7.3 in Connection With a Contempt Motion / Procedural Ruling Before Hearing of the Contempt Motion

Legal Issues

  1. 1 ['Whether leave should be granted under Uniform Civil Procedure Rules 2005 (NSW) r 7.3 to issue a subpoena to Daniel McKinnon to attend and give evidence.' 'Whether leave should be granted under Uniform Civil Procedure Rules 2005 (NSW) r 7.3 to issue a subpoena to Christopher Athanassios to produce documents.' 'Whether leave should be granted under Uniform Civil Procedure Rules 2005 (NSW) r 7.3 to issue a subpoena to Leanne Balit to produce documents.' 'Whether the proposed subpoenas had a legitimate forensic purpose or were liable to be set aside as oppressive, irrelevant, an abuse of process, or a fishing expedition.']

Ratio Decidendi

Leave was granted to issue the subpoena to Daniel McKinnon because, given his role as Mr Corry's solicitor shortly after execution of the search order and the plaintiffs' reliance on an email to him, his evidence could possibly throw light on issues in the Contempt Motion. Leave was granted to issue the subpoena to Christopher Athanassios only in modified form because documents recording communications or legal work during the relevant period when he acted for Mr Corry could possibly throw light on those issues. Leave to issue the subpoena to Leanne Balit was refused because categories 10 to 18 were an impermissible fishing exercise based on speculation, and categories 1 to 9 had no...

Court Disposition

Leave to issue subpoenas to Daniel McKinnon and Christopher Athanassios granted; leave to issue subpoena to Leanne Balit refused; costs reserved.

Orders

  • ['Grant leave to the first defendant under Uniform Civil Procedure Rules 2005 (NSW) r 7.3 to issue a subpoena to Daniel McKinnon in the form of Annexure "A" to the orders, subject to the date on which Mr McKinnon is required to attend and give evidence being completed, and the last date for service of the subpoena...