Something Fast Pty Limited (ACN 102 357 844) v Patinack Farm Pty Ltd (ACN 128 566 307) [2011] NSWSC 409

Something Fast Pty Limited (ACN 102 357 844) v Patinack Farm Pty Ltd (ACN 128 566 307) [2011] NSWSC 409

The court held that subpoenas to vendors and to Cologo Bloodstock AG served a legitimate forensic purpose and were not shown to be oppressive, and that Patinack Farm had a legitimate forensic interest in Racing NSW documents and related oral evidence. However, subpoenas to Wellfield Holdings Limited, Michael Otto Bloodstock Limited and the Trelawney companies lacked a sufficient present basis or were not pressed, and were set aside. The notices to produce were partly valid for tax, financial statement, bank and specific documents, but were set aside insofar as they sought documents concerning Mrs Cummings and insofar as paragraphs 4 and 5 sought asset-position material. Leave to...

Jurisdiction
Australia
Judgment Date
11 May 2011
Procedural Posture
Procedural and Other Rulings in Equity Division Proceedings Involving Subpoenas, Notices to Produce and Interrogatories / Applications to Set Aside Subpoenas and Notices to Produce, for Access to Subpoenaed Documents, and for Leave to Administer Interrogatories
Outcome
Patinack Farm's motion dated 18 April 2011 was dismissed; the Cummings Interests' amended motion dated 21 April 2011 was allowed in part and otherwise dismissed.
Legal Topics
['subpoena to Produce' 'notice to Produce' 'interrogatories' 'abuse of Process' 'legitimate Forensic Interest' 'secret Commissions' 'fiduciary Duties']
['civil Procedure' 'equity'] ['subpoena to Produce' 'notice to Produce' 'interrogatories' 'abuse of Process' 'legitimate Forensic Interest' 'secret Commissions' 'fiduciary Duties']

Case Brief

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Procedural Posture

Procedural and Other Rulings in Equity Division Proceedings Involving Subpoenas, Notices to Produce and Interrogatories / Applications to Set Aside Subpoenas and Notices to Produce, for Access to Subpoenaed Documents, and for Leave to Administer Interrogatories

Legal Issues

  1. 1 ['Whether subpoenas to produce addressed to third parties and issued at the request of Patinack Farm should be set aside.' 'Whether Patinack Farm and Mr Tinkler should have access to documents produced by Racing NSW under subpoena.' 'Whether two notices to produce served by Patinack Farm on the Cummings Interests should be set aside.' 'Whether Patinack Farm should have leave to administer interrogatories to Mr Cummings.' "Whether Patinack Farm should have leave to adduce oral evidence from Mr Peter V'Landys concerning the disciplinary record of Mr Cummings with Racing NSW."]

Ratio Decidendi

The court held that subpoenas to vendors and to Cologo Bloodstock AG served a legitimate forensic purpose and were not shown to be oppressive, and that Patinack Farm had a legitimate forensic interest in Racing NSW documents and related oral evidence. However, subpoenas to Wellfield Holdings Limited, Michael Otto Bloodstock Limited and the Trelawney companies lacked a sufficient present basis or were not pressed, and were set aside. The notices to produce were partly valid for tax, financial statement, bank and specific documents, but were set aside insofar as they sought documents concerning Mrs Cummings and insofar as paragraphs 4 and 5 sought asset-position material. Leave to...

Court Disposition

Patinack Farm's motion dated 18 April 2011 was dismissed; the Cummings Interests' amended motion dated 21 April 2011 was allowed in part and otherwise dismissed.

Orders

  • ["The defendant's motion dated 18 April 2011 be dismissed." 'Paragraphs 1, 2 and 3 of the Notices to Produce dated 15 April 2011 and 18 April 2011 served by the defendant on the plaintiff and cross defendants to the first cross claim be set aside in so far as they seek documents concerning Mrs Cummings.' 'The...