De Costi Seafoods (Franchises) Pty Limited and Anor v Wachtenheim and Anor (No 7) [2020] NSWDC 181

De Costi Seafoods (Franchises) Pty Limited and Anor v Wachtenheim and Anor (No 7) [2020] NSWDC 181

The subpoenas were set aside because the material sought did not have a logical connection with the issues for determination in the present application, which concerned the appointment and removal of a referee, and thus failed the test of relevance.

Jurisdiction
Australia
Judgment Date
25 February 2020
Procedural Posture
Civil / Application to Set Aside Subpoenas
Outcome
Subpoenas set aside; costs awarded against respondents.
Legal Topics
['subpoenas' 'application to Set Aside' 'relevance of Documents']
['civil Procedure'] ['subpoenas' 'application to Set Aside' 'relevance of Documents']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Civil / Application to Set Aside Subpoenas

Legal Issues

  1. 1 ['Whether subpoenas issued to Lawcover Insurance Pty Ltd, YPOL Pty Ltd, and Searle & Associates should be set aside on the ground of relevance']

Ratio Decidendi

The subpoenas were set aside because the material sought did not have a logical connection with the issues for determination in the present application, which concerned the appointment and removal of a referee, and thus failed the test of relevance.

Court Disposition

Subpoenas set aside; costs awarded against respondents.

Orders

  • ['Subpoenas to Lawcover Insurance Pty Ltd, YPOL Pty Limited and Searle & Associates, all filed on 3 February 2020 and issued by Mr Muriniti and Mr Newell be set aside.' "The respondents, Mr Newell and Mr Muriniti, pay the costs of Lawcover's notice of motion filed 17 February 2020, YPOL's notice of motion filed 18...