Temwell Pty Ltd v DKGR Holdings Pty Ltd [2002] FCA 741

Temwell Pty Ltd v DKGR Holdings Pty Ltd [2002] FCA 741

Because the documents sought appeared relevant to a matter in issue and were sought from non-parties to enable the mCOM parties to prepare affidavits they had been directed to file and serve before trial, issuing subpoenas for production was not premature or improper and leave under O 27 r 6 should be granted, without prejudice to any objection by the subpoenaed parties.

Jurisdiction
Australia
Judgment Date
04 June 2002
Procedural Posture
Application for Leave to Issue Subpoenas for Production to Non Parties / Pre Trial Directions Requiring Affidavits; Ex Parte Application for Leave Under O 27 R 6
Outcome
Leave granted to the second, fifth, sixth and seventh respondents to issue two subpoenas for production to Deloitte Corporate Finance Pty Ltd and Deloitte Touche Tohmatsu Ltd.
Legal Topics
['subpoena for Production' 'non Party Documents' 'discovery From Non Parties' 'preparation of Trial Affidavits' 'federal Court Practice and Procedure']
['civil Procedure' 'evidence'] ['subpoena for Production' 'non Party Documents' 'discovery From Non Parties' 'preparation of Trial Affidavits' 'federal Court Practice and Procedure']

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 1 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application for Leave to Issue Subpoenas for Production to Non Parties / Pre Trial Directions Requiring Affidavits; Ex Parte Application for Leave Under O 27 R 6

Legal Issues

  1. 1 ['Whether leave should be granted under O 27 r 6 to issue subpoenas for production to non-parties.' 'Whether using subpoenas to obtain documents from non-parties for preparation of affidavits required before trial is an improper bypass of non-party discovery under O 15A r 8.']

Ratio Decidendi

Because the documents sought appeared relevant to a matter in issue and were sought from non-parties to enable the mCOM parties to prepare affidavits they had been directed to file and serve before trial, issuing subpoenas for production was not premature or improper and leave under O 27 r 6 should be granted, without prejudice to any objection by the subpoenaed parties.

Court Disposition

Leave granted to the second, fifth, sixth and seventh respondents to issue two subpoenas for production to Deloitte Corporate Finance Pty Ltd and Deloitte Touche Tohmatsu Ltd.

Orders

  • ['Leave under O 27 r 6 granted to the second, fifth, sixth and seventh respondents to issue a subpoena for production to Deloitte Corporate Finance Pty Ltd and Deloitte Touche Tohmatsu Ltd.' 'Leave granted without prejudice to any objection which the parties required to produce the documents may wish to raise...