Pennytel Australia Pty Limited v Engelke, in the matter of Pennytel Australia Pty Limited (Objection to Subpoena) [2024] FCA 1441

Pennytel Australia Pty Limited v Engelke, in the matter of Pennytel Australia Pty Limited (Objection to Subpoena) [2024] FCA 1441

An objection to production of documents in response to a subpoena should not be made simply by a letter to the Registry without either producing documents or making a formal application to set aside. Rules and practice note require specific steps and details. An Objection Letter without any production is not an...

Source-derived case information.

Parties
Plaintiff: Pennytel Australia Pty Limited; First Defendant: Nicholas John Engelke; Second Defendant: Samantha Jane Chitas; Third Defendant: Peter John Horan; Fourth Defendant: Citratel Pty Limited; Fifth Defendant: SPN CO Pty Limited; Sixth Defendant: Telcoinabox Operations Pty Ltd; Interested Party: VPN Solutions Pty Limited
Jurisdiction
Australia
Judgment Date
13 December 2024
Procedural Posture
Practice and Procedure / Judgment on Objection to Subpoena Production
Outcome
Noted compliance with subpoena
Legal Topics
Subpoena, Objection to Production, Telecommunications Data
Practice and Procedure Subpoena Objection to Production Telecommunications Data

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Summary, issues, holding and outcome

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Parties

Pennytel Australia Pty Limited

Plaintiff

Nicholas John Engelke

First Defendant

Samantha Jane Chitas

Second Defendant

Peter John Horan

Third Defendant

Citratel Pty Limited

Fourth Defendant

SPN CO Pty Limited

Fifth Defendant

Telcoinabox Operations Pty Ltd

Sixth Defendant

VPN Solutions Pty Limited

Interested Party

Procedural Posture

Practice and Procedure / Judgment on Objection to Subpoena Production

Legal Issues

  1. 1 Whether an objection to subpoena production by letter is procedurally correct
  2. 2 Requirements for a proper objection to production of documents under subpoena

Ratio Decidendi

An objection to production of documents in response to a subpoena should not be made simply by a letter to the Registry without either producing documents or making a formal application to set aside. Rules and practice note require specific steps and details. An Objection Letter without any production is not an appropriate response under the Federal Court Rules 2011 (Cth) and relevant Practice Note.

Court Disposition

Noted compliance with subpoena

Orders

  • The Court notes that production by VNP Solutions Pty Ltd with subpoena dated 20 November 2024 has now been complied with.