Director-General of the Department of Land and Water Conservation v Prime Grain Pty Limited Director-General of the Department of Land and Water Conservation v Greentree [2001] NSWLEC 159

Director-General of the Department of Land and Water Conservation v Prime Grain Pty Limited Director-General of the Department of Land and Water Conservation v Greentree [2001] NSWLEC 159

Paragraphs 3 to 12 of the subpoena are too broad and oppressive as they require the production of documents without sufficient relevance to the proceedings or proper limitation as to period or individual. Such breadth constitutes an abuse of process and a 'fishing' expedition.

Parties
Prosecutor: Director-General of the Department of Land and Water Conservation; Defendant: Prime Grain Pty Limited; Defendant: Ronald Lewis Greentree
Jurisdiction
Australia
Judgment Date
25 July 2001
Procedural Posture
Practice and Procedure / Interlocutory Motion to Set Aside Subpoena
Outcome
Paragraphs 3 to 12 of the subpoena are struck out; Prime Grain is entitled to costs of the notice of motion.
Legal Topics
Subpoena, Abuse of Process, Oppression, Fishing Expedition
Civil Procedure Subpoena Abuse of Process Oppression Fishing Expedition

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Parties

Director-General of the Department of Land and Water Conservation

Prosecutor

Prime Grain Pty Limited

Defendant

Ronald Lewis Greentree

Defendant

Procedural Posture

Practice and Procedure / Interlocutory Motion to Set Aside Subpoena

Legal Issues

  1. 1 Whether the subpoena issued against Prime Grain Pty Limited is too wide and oppressive
  2. 2 Whether the subpoena constitutes an abuse of process by amounting to a fishing expedition

Ratio Decidendi

Paragraphs 3 to 12 of the subpoena are too broad and oppressive as they require the production of documents without sufficient relevance to the proceedings or proper limitation as to period or individual. Such breadth constitutes an abuse of process and a 'fishing' expedition.

Court Disposition

Paragraphs 3 to 12 of the subpoena are struck out; Prime Grain is entitled to costs of the notice of motion.

Orders

  • Paragraphs 3 to 12 of the subpoena are struck out.
  • Prime Grain is awarded its costs of the notice of motion.