Hudson v Whalan [1999] FCA 199

Hudson v Whalan [1999] FCA 199

It is inappropriate to set aside the subpoena where the appellant has specified the material sought and is self-represented; and the appellant should be entitled to inspect subpoenaed documents for the purpose indicated, other than documents for which client legal privilege has been claimed.

Parties
Appellant: Robert Hudson Jnr; First Respondent: Stephen William Michael Whalan; Second Respondent: Thomas James Donald
Jurisdiction
Australia
Judgment Date
03 March 1999
Procedural Posture
Appeal / Interlocutory Motion
Outcome
respondents' motion dismissed; leave granted to appellant to inspect documents except those subject to privilege
Legal Topics
Subpoena, Inspection of Documents, Client Legal Privilege
Practice and Procedure Subpoena Inspection of Documents Client Legal Privilege

Case Brief

Summary, issues, holding and outcome

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Parties

Robert Hudson Jnr

Appellant

Stephen William Michael Whalan

First Respondent

Thomas James Donald

Second Respondent

Procedural Posture

Appeal / Interlocutory Motion

Legal Issues

  1. 1 Whether the subpoena issued to Gosford City Council should be set aside
  2. 2 Whether the appellant should be granted access to documents produced under subpoena

Ratio Decidendi

It is inappropriate to set aside the subpoena where the appellant has specified the material sought and is self-represented; and the appellant should be entitled to inspect subpoenaed documents for the purpose indicated, other than documents for which client legal privilege has been claimed.

Court Disposition

respondents' motion dismissed; leave granted to appellant to inspect documents except those subject to privilege

Orders

  • The respondent's motion filed on 17 February 1999 be dismissed.
  • The appellant have leave to inspect the documents produced to the Court by Gosford City Council, save for documents in respect of which client legal privilege has been claimed.