P A Putney Finance Australia Pty Ltd v Aalders [2019] NSWSC 1180

P A Putney Finance Australia Pty Ltd v Aalders [2019] NSWSC 1180

There exists at least a legitimate forensic purpose in seeking access to the subpoenaed documents as identified by the plaintiff. The Registrar's orders setting aside the subpoenas are therefore to be set aside.

Jurisdiction
Australia
Judgment Date
10 September 2019
Procedural Posture
Review of Registrar's Decision / Application to Set Aside Registrar's Orders
Outcome
Registrar's orders set aside; costs of application to be costs in the proceedings.
Legal Topics
['subpoenas' "review of Registrar's Orders" 'forensic Purpose']
['civil Procedure'] ['subpoenas' "review of Registrar's Orders" 'forensic Purpose']

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Procedural Posture

Review of Registrar's Decision / Application to Set Aside Registrar's Orders

Legal Issues

  1. 1 ['Whether documents produced in response to subpoenas demonstrate existence of a legitimate forensic purpose' "Whether Registrar's decision to set aside subpoenas should be reversed"]

Ratio Decidendi

There exists at least a legitimate forensic purpose in seeking access to the subpoenaed documents as identified by the plaintiff. The Registrar's orders setting aside the subpoenas are therefore to be set aside.

Court Disposition

Registrar's orders set aside; costs of application to be costs in the proceedings.

Orders

  • ['Set aside orders 1 and 2 made by Registrar Bradford on 6 June 2019.' 'Costs of the application before the judge to be the costs in the proceedings.']