Plastec Australia Pty Ltd ACN 093 513 467 v Plumbing Solutions and Services Pty Ltd ACN 128 873 629 (No. 2) [2010] FCA 670

Plastec Australia Pty Ltd ACN 093 513 467 v Plumbing Solutions and Services Pty Ltd ACN 128 873 629 (No. 2) [2010] FCA 670

The subpoena seeks documents that are relevant and reasonably likely to add to the evidence regarding Mr Martin's engagement with Storm Plastics entities and his role in trade or commerce, which is in issue. The subpoena is not oppressive or unduly burdensome for the addressee, given the nature and scope of the...

Source-derived case information.

Parties
Applicant: Plastec Australia Pty Ltd ACN 093 513 467; First Respondent: Plumbing Solutions and Services Pty Ltd ACN 128 873 629; Second Respondent: Tony Gregory Purdon; Third Respondent: Ralph T Martin
Jurisdiction
Australia
Judgment Date
25 June 2010
Procedural Posture
Application to Set Aside Subpoena / Interlocutory; Post Pleadings, Prior to Final Hearing
Outcome
Application to set aside subpoena dismissed; scope of subpoena varied; time for compliance extended; costs awarded partly against third respondent.
Legal Topics
Subpoena, Oppression, Legal Professional Privilege, Discovery, Relevance of Documents
Practice and Procedure Subpoena Oppression Legal Professional Privilege Discovery Relevance of Documents

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Parties

Plastec Australia Pty Ltd ACN 093 513 467

Applicant

Plumbing Solutions and Services Pty Ltd ACN 128 873 629

First Respondent

Tony Gregory Purdon

Second Respondent

Ralph T Martin

Third Respondent

Procedural Posture

Application to Set Aside Subpoena / Interlocutory; Post Pleadings, Prior to Final Hearing

Legal Issues

  1. 1 Whether the subpoena issued to non-party solicitors should be set aside on grounds of oppression, irrelevance, abuse of process, excessive breadth, or legal professional privilege

Ratio Decidendi

The subpoena seeks documents that are relevant and reasonably likely to add to the evidence regarding Mr Martin's engagement with Storm Plastics entities and his role in trade or commerce, which is in issue. The subpoena is not oppressive or unduly burdensome for the addressee, given the nature and scope of the inquiry. Legal professional privilege was not properly established. The subpoena should not be set aside but should be limited by removing reference to Mrs Jenny Bennett.

Court Disposition

Application to set aside subpoena dismissed; scope of subpoena varied; time for compliance extended; costs awarded partly against third respondent.

Orders

  • The scope of the subpoena is varied by deleting any reference to Mrs Jenny Bennett.
  • Time for compliance with the subpoena by the addressee is extended until 2.15pm on 14 July 2010 at the place nominated in the subpoena.