Hadid, Albert v Lenfest Communications Inc & Ors [1996] FCA 193

Hadid, Albert v Lenfest Communications Inc & Ors [1996] FCA 193

The subpoena was set aside because, although the expression "relied upon" was not itself uncertain, the subpoena was being used inappropriately to interrogate Mr Ferrier about the documents he relied upon in preparing his expert reports, effectively as a substitute for interrogatories. The appropriate course was a direction requiring a supplementary affidavit identifying the documentary material relied upon, excluding legally privileged material.

Jurisdiction
Australia
Judgment Date
24 April 1996
Procedural Posture
Motion to Set Aside Subpoena / Reasons for Judgment
Outcome
Subpoena set aside; supplementary affidavit directed; costs to be heard.
Legal Topics
['subpoena' 'expert Reports' 'interrogatories' 'legal Professional Privilege' 'court Management']
['civil Procedure' 'evidence'] ['subpoena' 'expert Reports' 'interrogatories' 'legal Professional Privilege' 'court Management']

Case Brief

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Procedural Posture

Motion to Set Aside Subpoena / Reasons for Judgment

Legal Issues

  1. 1 ['Whether the subpoena served on Mr Ferrier should be set aside for ambiguity in its use of the words "relied upon".' 'Whether the subpoena was an inappropriate use of subpoena procedure as a means of interrogating the recipient or as a substitute for interrogatories.' 'Whether Mr Ferrier should identify the documentary material relied upon in preparing his expert reports before trial.']

Ratio Decidendi

The subpoena was set aside because, although the expression "relied upon" was not itself uncertain, the subpoena was being used inappropriately to interrogate Mr Ferrier about the documents he relied upon in preparing his expert reports, effectively as a substitute for interrogatories. The appropriate course was a direction requiring a supplementary affidavit identifying the documentary material relied upon, excluding legally privileged material.

Court Disposition

Subpoena set aside; supplementary affidavit directed; costs to be heard.

Orders

  • ['The subpoena served on Mr Ferrier is set aside.' 'Mr Ferrier is directed to file a supplementary affidavit setting out the documentary material upon which he relied in preparing his report, other than material subject to legal professional privilege, within ten days.' 'The Court will hear the parties about costs.']