Sportsbet Pty Ltd v State of New South Wales (No 10) [2010] FCA 54

Sportsbet Pty Ltd v State of New South Wales (No 10) [2010] FCA 54

There was no part of the pleadings which touched upon whether there was an approval of the kind referred to in paragraph 11 of Mr Tyshing's affidavit or what the effect of that approval was. Accordingly, there was no issue in the proceeding to which the matters sought in the subpoena were relevant, and the subpoena...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
05 February 2010
Procedural Posture
Practice and Procedure — Subpoena / Sportsbet's Motion to Set Aside a Subpoena Issued to the Proper Officer of Racing Victoria Limited
Outcome
Subpoena set aside.
Legal Topics
['subpoena' 'relevance' 'setting Aside Subpoena']
['practice and Procedure'] ['subpoena' 'relevance' 'setting Aside Subpoena']

Source-derived case record

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Procedural Posture

Practice and Procedure — Subpoena / Sportsbet's Motion to Set Aside a Subpoena Issued to the Proper Officer of Racing Victoria Limited

Legal Issues

  1. 1 ['Whether the subpoena issued to the Proper Officer of Racing Victoria Limited should be set aside because the documents sought were not relevant to any issue in the proceeding.' "Whether paragraph 11 of Mr Tyshing's affidavit put in issue the existence or effect of Sportsbet's Racing Victoria Limited approval."]

Ratio Decidendi

There was no part of the pleadings which touched upon whether there was an approval of the kind referred to in paragraph 11 of Mr Tyshing's affidavit or what the effect of that approval was. Accordingly, there was no issue in the proceeding to which the matters sought in the subpoena were relevant, and the subpoena was set aside.

Court Disposition

Subpoena set aside.

Orders

  • ['The subpoena issued to the Proper Officer of Racing Victoria Limited dated 18 January 2010 be set aside.']