Techcel Computer Services Pty Ltd v Clarke, Raymond [1996] FCA 642

CATCHWORDS PRACTICE AND PROCEDURE - application to set aside subpoenas - substantive proceedings are application to set aside a Statutory Demand under s459G - questions and issues between parties notprecisely determined - not appropriate at this stage to make a specific ruling on relevance of subpoenaed documents - respondent has reasonable case for apparent relevance of documents subpoenaed. Trade Practices Commission v Arnotts Limited (1989) 88 ALR 90, cited TECHCEL COMPUTER SERVICES PTY LIMITED - v - RAYMOND CLARKE No NG 3012 of 1996 Tamberlin J Sydney 26 July 1996

IN THE FEDERAL COURT OF AUSTRALIA) NEW SOUTH WALES DISTRICT REGISTRY) No.NG 3012 of 1996 GENERAL DIVISION ) BETWEEN: TECHCEL COMPUTER SERVICES PTY LIMITED (ACN 003 118 349) Applicant AND: RAYMOND CLARKE Respondent CORAM: TAMBERLIN J PLACE: SYDNEY DATED: 26 JULY 1996 MINUTE OF ORDERS THE COURT ORDERS THAT: The Notice of Motion be dismissed with costs. NOTE: Settlement and entry of orders is dealt with in accordance with Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA) NEW SOUTH WALES DISTRICT REGISTRY) No. NG 3012 of 1996 GENERAL DIVISION ) BETWEEN: TECHCEL COMPUTER SERVICES PTY LIMITED (ACN 003 118 349) Applicant AND: RAYMOND CLARKE Respondent CORAM: TAMBERLIN J PLACE: SYDNEY DATED: 26 JULY 1996 REASONS FOR JUDGMENT TAMBERLIN J: This is an application by the applicant, Techcel Computer Services Pty Limited, to set aside four subpoenas issued by the respondent, Raymond Clarke. The respondent has issued a Statutory Demand under s459E of the Corporations Law ("the Law"), seeking payment of a total amount of $23,776.87 comprised of outstanding commission said to be payable to the respondent, under a contract of employment, dated 18 August 1993, together with an outstanding bonus on support contracts payable pursuant to the same contract. There is also a claim for unused annual leave. In the main proceeding, the applicant seeks to set aside the Statutory Demand under s459G.