Hanson-Young v Leyonhjelm (No 2) [2019] FCA 393

Hanson-Young v Leyonhjelm (No 2) [2019] FCA 393

The proposed interrogatories were refused as unnecessary, oppressive, uncertain, or lacking in utility for fair disposition or cost saving; the application satisfied neither the need nor the proportionality requirements for interrogatories. Leave to issue subpoenas was granted as there was no significant negative factor and the request was reasonable given the potential materiality of the proposed evidence.

Parties
Applicant: Sarah Hanson-Young; Respondent: David Ean Leyonhjelm
Jurisdiction
Australia
Judgment Date
21 March 2019
Procedural Posture
Interlocutory Application / Interlocutory Ruling on Interrogatories and Subpoenas
Outcome
Application for interrogatories refused; leave to issue subpoenas granted, subject to registrar approval.
Legal Topics
Interrogatories, Subpoenas, Discovery, Parliamentary Privilege, Defamation
Practice and Procedure Interrogatories Subpoenas Discovery Parliamentary Privilege Defamation

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 7 Party arguments 2
Sign in to unlock

Parties

Sarah Hanson-Young

Applicant

David Ean Leyonhjelm

Respondent

Procedural Posture

Interlocutory Application / Interlocutory Ruling on Interrogatories and Subpoenas

Legal Issues

  1. 1 Whether to order the applicant to answer interrogatories under r 21.01 of the Federal Court Rules 2011 (Cth)
  2. 2 Whether to grant leave to the respondent to issue subpoenas to Senators Griff and Hinch under r 24.01 of the Federal Court Rules 2011 (Cth)

Ratio Decidendi

The proposed interrogatories were refused as unnecessary, oppressive, uncertain, or lacking in utility for fair disposition or cost saving; the application satisfied neither the need nor the proportionality requirements for interrogatories. Leave to issue subpoenas was granted as there was no significant negative factor and the request was reasonable given the potential materiality of the proposed evidence.

Court Disposition

Application for interrogatories refused; leave to issue subpoenas granted, subject to registrar approval.

Orders

  • The respondent's application for order that the applicant provide written answers to interrogatories is refused.
  • Subject to registrar's approval of subpoena contents, respondent granted leave to issue subpoenas to Senators Stirling Griff and Derryn Hinch to attend trial.