Ng v Wisdom Properties Group Pty Ltd [2020] NSWSC 1359

Ng v Wisdom Properties Group Pty Ltd [2020] NSWSC 1359

It would be oppressive to impose the obligation upon Stockland to locate and produce documents dating as far back as 1997, especially when there is no evidence that Stockland possesses such documents or that their production would obviate the need for physical investigation. The subpoena was used for a secondary purpose to obtain evidence for a potential cross-claim, which is not appropriate.

Jurisdiction
Australia
Judgment Date
06 October 2020
Procedural Posture
Civil / Procedural Ruling on Subpoena
Outcome
Subpoena set aside
Legal Topics
['subpoena' 'application to Set Aside' 'technology and Construction List']
['civil Procedure' 'equity'] ['subpoena' 'application to Set Aside' 'technology and Construction List']

Case Brief

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Procedural Posture

Civil / Procedural Ruling on Subpoena

Legal Issues

  1. 1 ['Whether the subpoena served by the defendant on Stockland should be set aside' 'Whether production of documents sought by subpoena would be oppressive' 'Whether subpoena is being used for an improper purpose']

Ratio Decidendi

It would be oppressive to impose the obligation upon Stockland to locate and produce documents dating as far back as 1997, especially when there is no evidence that Stockland possesses such documents or that their production would obviate the need for physical investigation. The subpoena was used for a secondary purpose to obtain evidence for a potential cross-claim, which is not appropriate.

Court Disposition

Subpoena set aside

Orders

  • ['The subpoena to produce filed 29 June 2020 served by the Defendant on Stockland Lensworth Glenmore Park Pty Ltd is set aside' "The Defendant pay Stockland's costs of its notice of motion of 25 September 2020"]