In the Matter of Sigma Services Pty Ltd Batoka Pty Ltd v Sigma Services Pty Ltd [1996] FCA 755

CATCHWORDS PRACTICE AND PROCEDURE - application to have a subpoena set aside on the grounds that parts of the subpoena are too wide and because it is directed to irrelevant material - substantive application relates to s 205(12) of the Corporations Law - recipient of subpoena is not a party to proceedings and should not be required to make fine judgments as to interpretation of court orders - wording of subpoena too uncertain and excessively wide - request for documents premature as issue not yet joined by parties - general principles discussed. Corporations Law (Cth) - ss 205(12), 205(10)(a) In the Matter of SIGMA SERVICES PTY LIMITED ACN 004 546 687 BATOKA PTY LIMITED (ACN 002 904 930) v SIGMA SERVICES PTY LIMITED (ACN 004 546 687) No NG3402 of 1996 Tamberlin J Sydney 28 August 1996

IN THE FEDERAL COURT OF AUSTRALIA) NEW SOUTH WALES DISTRICT REGISTRY) No. NG 3402 of 1996 GENERAL DIVISION ) In the Matter of SIGMA SERVICES PTY LIMITED ACN 004 546 687 BETWEEN: BATOKA PTY LIMITED ACN 002 904 930 Applicant AND: SIGMA SERVICES PTY LIMITED ACN 004 546 687 Respondent CORAM: TAMBERLIN J PLACE: SYDNEY DATED: 28 AUGUST 1996 MINUTE OF ORDERS THE COURT ORDERS THAT: 1. The subpoena be set aside. 2. The applicant pay the costs of Sigma (W.A.) Limited. 3. The applicant file and serve points of claim setting out with detailed particulars the matters and grounds on which it is alleged that the Court ought not to approve the giving of financial assistance, by 10 September 1996. 4. The respondent file and serve detailed points of defence by 20 September 1996. 5. The matter be relisted for further directions on Friday 18 October 1996. 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 3402 of 1996 GENERAL DIVISION ) In the Matter of SIGMA SERVICES PTY LIMITED ACN 004 546 687 BETWEEN: BATOKA PTY LIMITED ACN 002 904 930 Applicant AND: SIGMA SERVICES PTY LIMITED ACN 004 546 687 Respondent CORAM: TAMBERLIN J PLACE: SYDNEY DATED: 28 AUGUST 1996 REASONS FOR JUDGMENT TAMBERLIN J: The recipient of a subpoena in this proceeding, Sigma (W.A.) Limited ("Sigma WA") has applied to the Court to set aside a subpoena issued by the applicant, Batoka Pty Limited ("Batoka") on the ground that certain parts of the subpoena are too wide and also because the subpoena is directed to material which is irrelevant to any issue between the parties to the application.