Saffari v Amazon.com, Inc (No 3) [2022] FCA 721

Saffari v Amazon.com, Inc (No 3) [2022] FCA 721

Leave to issue the proposed subpoenas was refused because the documents sought were not before the Circuit Court and Mr Saffari had not established any basis on which they could be relevant to the current leave to appeal proceedings; granting leave at this stage would be contrary to the overarching purpose in s 37M(1)(b) of the Federal Court of Australia Act 1976 (Cth).

Jurisdiction
Australia
Judgment Date
21 June 2022
Procedural Posture
Application for Leave to Appeal From Two Interlocutory Decisions of the Federal Circuit Court of Australia (now the Federal Circuit and Family Court of Australia) / Determination on the Papers of the Applicant's Requests for Leave to Issue Two Subpoenas
Outcome
Requests for leave to issue subpoenas refused.
Legal Topics
['requests for Leave to Issue Subpoenas' 'subpoenas to Non Parties' 'self Represented Litigant' 'leave to Appeal From Interlocutory Decisions' 'fresh Evidence' 'overarching Purpose']
['practice and Procedure' 'civil Procedure'] ['requests for Leave to Issue Subpoenas' 'subpoenas to Non Parties' 'self Represented Litigant' 'leave to Appeal From Interlocutory Decisions' 'fresh Evidence' 'overarching Purpose']

Case Brief

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Procedural Posture

Application for Leave to Appeal From Two Interlocutory Decisions of the Federal Circuit Court of Australia (now the Federal Circuit and Family Court of Australia) / Determination on the Papers of the Applicant's Requests for Leave to Issue Two Subpoenas

Legal Issues

  1. 1 ['Whether leave should be granted to issue a subpoena to Janet Menzies.' 'Whether leave should be granted to issue a subpoena to Amazon Commercial Services Pty Ltd.' 'Whether the documents sought under the proposed subpoenas could be relevant to the current proceedings for leave to appeal from two interlocutory decisions.']

Ratio Decidendi

Leave to issue the proposed subpoenas was refused because the documents sought were not before the Circuit Court and Mr Saffari had not established any basis on which they could be relevant to the current leave to appeal proceedings; granting leave at this stage would be contrary to the overarching purpose in s 37M(1)(b) of the Federal Court of Australia Act 1976 (Cth).

Court Disposition

Requests for leave to issue subpoenas refused.

Orders

  • ["The applicant's request dated 12 June 2022 seeking leave to issue a subpoena to Janet Menzies be refused." "The applicant's request dated 18 June 2022 seeking leave to issue a subpoena to Amazon Commercial Services Pty Ltd be refused."]