Dunn v KAZ Group Limited [2006] NSWSC 8

Dunn v KAZ Group Limited [2006] NSWSC 8

The subpoenas and notices to produce describe documents with reasonable particularity and are not objectionable for being fishing or oppressive; documents relating to share value are relevant given the allegations in the points of claim.

Jurisdiction
Australia
Judgment Date
17 January 2006
Procedural Posture
Equity / Interlocutory (application to Set Aside Subpoena and Notices to Produce)
Outcome
Application to set aside subpoena and notices to produce refused.
Legal Topics
['subpoenas' 'notices to Produce' 'fishing' 'particularity of Document Description' 'oppression' 'relevance']
['practice and Procedure'] ['subpoenas' 'notices to Produce' 'fishing' 'particularity of Document Description' 'oppression' 'relevance']

Case Brief

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Procedural Posture

Equity / Interlocutory (application to Set Aside Subpoena and Notices to Produce)

Legal Issues

  1. 1 ['Whether the subpoena and notices to produce are objectionable for being fishing' 'Whether the documents sought are described with reasonable particularity' 'Whether the subpoenas and notices to produce are oppressive' 'Whether documents relating to the value of shares are relevant']

Ratio Decidendi

The subpoenas and notices to produce describe documents with reasonable particularity and are not objectionable for being fishing or oppressive; documents relating to share value are relevant given the allegations in the points of claim.

Court Disposition

Application to set aside subpoena and notices to produce refused.

Orders

  • ['Subpoena and both notices to produce not set aside.']