Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
McHugh v Australian Jockey Club Limited (No 2) [2011] FCA 724 Citation: McHugh v Australian Jockey Club Limited (No 2) [2011] FCA 724
Parties: BRUCE MCHUGH v AUSTRALIAN JOCKEY CLUB LIMITED, VICTORIA RACING CLUB LIMITED, AUSTRALIAN RACING BOARD LIMITED, RACING INFORMATION SERVICES AUSTRALIA PTY LIMITED, THOROUGHBRED BREEDERS AUSTRALIA LIMITED and AUSTRALIAN TURF CLUB LIMITED
File number: NSD 1187 of 2009
Judge: ROBERTSON J
Date of judgment: 22 June 2011
Catchwords: PRACTICE AND PROCEDURE – Subpoena duces tecum to maker of witness statement – relevance of documents sought – pleadings, affidavits, transcripts and terms of settlement in litigation by witness against Commissioner of Taxation – tax returns of witness – whether subpoena should be set aside
Legislation: Federal Court of Australia Act 1976 (Cth) Income Tax Assessment Act 1997 (Cth) Federal Court Rules O27 r 4, O 46 r 6
Cases cited: Campaign Master (UK) Limited v Forty Two International Pty Ltd (No 4) (2010) 269 ALR 76 (followed) Hartnell v Commissioner of Taxation (2009) 254 ALR 71 (referred to) McIlwain v Ramsey Food Packaging Pty Ltd (2005) 221 ALR 785 (followed) Trade Practices Commission v Arnotts Limited (No 2) (1989) 88 ALR 90 (followed)
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