Pollack, Phillip John v Retravision (NSW) Ltd [1997] FCA 552

Pollack, Phillip John v Retravision (NSW) Ltd [1997] FCA 552

Paragraphs A 5, 6, 8, 9, 10, 11, 12, 13, 15, 16 and 17 of the subpoena are set aside as they are oppressive, seek documents not shown to be relevant to the issues in proceedings, or are unduly burdensome. Remaining paragraphs are stood over pending amended pleadings for further consideration.

Parties
Applicant: Philip John Pollack; Respondent: Retravision (N.S.W.) Limited; Subpoenaed Party: Mr A.S. Brown
Jurisdiction
Australia
Judgment Date
20 June 1997
Procedural Posture
Notice of Motion to Set Aside Subpoena / Interlocutory Decision
Outcome
Partial grant of application to set aside subpoena; remaining issues stood over.
Legal Topics
Subpoenas, Legal Professional Privilege, Oppression of Subpoena, Relevance of Evidence, Abuse of Process
Civil Procedure Subpoenas Legal Professional Privilege Oppression of Subpoena Relevance of Evidence Abuse of Process

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Parties

Philip John Pollack

Applicant

Retravision (N.S.W.) Limited

Respondent

Mr A.S. Brown

Subpoenaed Party

Procedural Posture

Notice of Motion to Set Aside Subpoena / Interlocutory Decision

Legal Issues

  1. 1 Whether subpoena is oppressive
  2. 2 Whether documents sought are relevant to proceedings
  3. 3 Whether subpoena attempts to circumvent prior court ruling

Ratio Decidendi

Paragraphs A 5, 6, 8, 9, 10, 11, 12, 13, 15, 16 and 17 of the subpoena are set aside as they are oppressive, seek documents not shown to be relevant to the issues in proceedings, or are unduly burdensome. Remaining paragraphs are stood over pending amended pleadings for further consideration.

Court Disposition

Partial grant of application to set aside subpoena; remaining issues stood over.

Orders

  • Paragraphs A 5, 6, 8, 9, 10, 11, 12, 13, 15, 16 and 17 of the subpoena to Mr A.S. Brown issued 11 March 1997 are set aside.
  • Balance of notice of motion filed 10 April 1997 is stood over until 27 June 1997.