Gasnier v Gasnier Pty Ltd [2019] NSWSC 833

Gasnier v Gasnier Pty Ltd [2019] NSWSC 833

Dean failed to demonstrate a legitimate forensic purpose for the subpoenas, as claims of material assistance lacked specificity and justification, and the breadth of documents sought was not warranted. Subpoenas were therefore set aside.

Jurisdiction
Australia
Judgment Date
05 July 2019
Procedural Posture
Motion / Interlocutory Application to Set Aside Subpoenas
Outcome
Subpoenas set aside; costs ordered against Dean
Legal Topics
['subpoenas' 'forensic Purpose' 'family Trust' 'technology and Construction List']
['civil Procedure' 'equity'] ['subpoenas' 'forensic Purpose' 'family Trust' 'technology and Construction List']

Case Brief

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Procedural Posture

Motion / Interlocutory Application to Set Aside Subpoenas

Legal Issues

  1. 1 ['Whether subpoenas have a legitimate forensic purpose' 'Whether documents sought by subpoenas will materially assist on an identified issue']

Ratio Decidendi

Dean failed to demonstrate a legitimate forensic purpose for the subpoenas, as claims of material assistance lacked specificity and justification, and the breadth of documents sought was not warranted. Subpoenas were therefore set aside.

Court Disposition

Subpoenas set aside; costs ordered against Dean

Orders

  • ['Each of the subpoenas to David Mackay Real Estate Pty Limited, HSBC Australia Holdings Pty Ltd, St George Illawarra Dragons Rugby League Football Club Pty Ltd, and Wayne Lodge are set aside.' "Dean must pay Mark's costs of this application." 'The parties should bring in short minutes to give effect to these...