Vehicle Monitoring Systems Pty Limited v SARB Management Group Pty Ltd trading as Database Consultants Australia (No 3) [2020] FCA 471

Vehicle Monitoring Systems Pty Limited v SARB Management Group Pty Ltd trading as Database Consultants Australia (No 3) [2020] FCA 471

The subpoena was set aside because there was no issue before the Court concerning the applicant's entitlement to the patents, and the subpoena constituted an abuse of the Court's process by seeking documents relating to a non-justiciable issue.

Parties
Applicant: Vehicle Monitoring Systems Pty Limited; First Respondent/cross Claimant: SARB Management Group Pty Ltd trading as Database Consultants Australia; Second Respondent: City of Melbourne; Subpoena Recipient: Peter Crowhurst
Jurisdiction
Australia
Judgment Date
07 April 2020
Procedural Posture
Patent Infringement and Revocation Proceeding / Interlocutory Application to Set Aside Subpoena
Outcome
Subpoena set aside; costs awarded to applicant.
Legal Topics
Practice and Procedure, Patent Revocation, Patent Entitlement, Subpoena
Intellectual Property Practice and Procedure Patent Revocation Patent Entitlement Subpoena

Case Brief

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Parties

Vehicle Monitoring Systems Pty Limited

Applicant

SARB Management Group Pty Ltd trading as Database Consultants Australia

First Respondent/cross Claimant

City of Melbourne

Second Respondent

Peter Crowhurst

Subpoena Recipient

Procedural Posture

Patent Infringement and Revocation Proceeding / Interlocutory Application to Set Aside Subpoena

Legal Issues

  1. 1 Whether the subpoena was an impermissible attempt to seek preliminary discovery from a non-party
  2. 2 Whether the subpoena was issued for an improper purpose
  3. 3 Whether documents sought had apparent relevance to the issues in the pleadings

Ratio Decidendi

The subpoena was set aside because there was no issue before the Court concerning the applicant's entitlement to the patents, and the subpoena constituted an abuse of the Court's process by seeking documents relating to a non-justiciable issue.

Court Disposition

Subpoena set aside; costs awarded to applicant.

Orders

  • The subpoena issued on 19 March 2020 addressed to Peter Crowhurst be set aside.
  • The first respondent pay the applicant's costs in relation to the interlocutory application dated 27 March 2020.