FEDERAL COURT OF AUSTRALIA McHugh v Australian Jockey Club Limited (No 4) [2011] FCA 1106 Citation: McHugh v Australian Jockey Club Limited (No 4) [2011] FCA 1106 Parties: BRUCE MCHUGH v AUSTRALIAN JOCKEY CLUB LIMITED, VICTORIA RACING CLUB LIMITED, AUSTRALIAN RACING BOARD LIMITED, THOROUGHBRED BREEDERS AUSTRALIA LIMITED and AUSTRALIAN TURF CLUB LIMITED File number(s): NSD 1187 of 2009 Judge: ROBERTSON J Date of judgment: 9 September 2011 Legislation: Federal Court of Australia Act 1976 (Cth) s 37M Federal Court Rules 2011 (Cth) r 24.15 Cases cited: McHugh v Australian Jockey Club Ltd (No 2) [2011] FCA 724 Date of hearing: 9 September 2011 Place: Sydney Division: GENERAL DIVISION Category: No catchwords Number of paragraphs: 8 Counsel for the Applicant: Mr A Tonking SC with Mr J Lazarus and Ms P Arcus Solicitor for the Applicant: Brock Partners Counsel for the First, Second and Sixth Respondents: Mr AJ Bannon SC with Dr R Higgins Solicitor for the First, Second and Sixth Respondents: Johnson Winter & Slattery Counsel for the Third Respondent: Mr GES Ng Solicitor for the Third Respondent: Yeldham Price O'Brien Lusk Counsel for the Fifth Respondent: Mr JS Emmett Solicitor for the Fifth Respondent: Esplins Solicitors IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION NSD 1187 of 2009 BETWEEN: BRUCE MCHUGH Applicant AND: AUSTRALIAN JOCKEY CLUB LIMITED First Respondent VICTORIA RACING CLUB LIMITED Second Respondent AUSTRALIAN RACING BOARD LIMITED Third Respondent THOROUGHBRED BREEDERS AUSTRALIA LIMITED Fifth Respondent AUSTRALIAN TURF CLUB LIMITED Sixth Respondent JUDGE: ROBERTSON J DATE OF ORDER: 9 SEPTEMBER 2011 WHERE MADE: SYDNEY THE COURT ORDERS THAT: 1. Paragraph one of the subpoena issued to Mr Bay be set aside except for the tax returns for the financial years ended 30 June 2009 and 30 June 2010. 2. Paragraph one of the subpoena issued to Dr Affleck be set aside except for the tax returns for the financial years ended 30 June 2009 and 30 June 2010. 3. Paragraph one of the subpoena issued to Mr Baxter be set aside. 4. Paragraph two of the subpoena issued to Mr Baxter be set aside except for the financial statements and reports prepared for Station Holdings Pty Limited for the years ended 30 June 2009 and 30 June 2010. 5. Paragraph one of the subpoena issued to Mr Brem be set aside except for the tax returns for the financial years ended 30 June 2009 and 30 June 2010. 6. No order as to costs in relation to the subpoenas addressed to Mr Brem, Dr Affleck and Mr Bay. 7. The issuing party pay 50 per cent of Mr Baxter's costs of the motion. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011. IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION NSD 1187 of 2009 BETWEEN: BRUCE MCHUGH Applicant AND: AUSTRALIAN JOCKEY CLUB LIMITED First Respondent VICTORIA RACING CLUB LIMITED Second Respondent AUSTRALIAN RACING BOARD LIMITED Third Respondent THOROUGHBRED BREEDERS AUSTRALIA LIMITED Fifth Respondent AUSTRALIAN TURF CLUB LIMITED Sixth Respondent JUDGE: ROBERTSON J DATE: 9 SEPTEMBER 2011 PLACE: SYDNEY REASONS FOR JUDGMENT 1 Before me this morning is an interlocutory application filed in court, dated 8 September 2011, seeking relief on behalf of the recipients of four subpoenas. The matter was the subject of written submissions and short oral submissions. 2 I will state my orders in relation to each of the subpoenas in turn, and in the order in which they are dealt with in the first four paragraphs of the interlocutory application. 3 I am proceeding under rule 24.15 of the Federal Court Rules 2011 (Cth), read in the light of section 37M of the Federal Court of Australia Act 1976 (Cth). I have recently considered, in this proceeding, the relevant principles: see McHugh v Australian Jockey Club Ltd (No 2) [2011] FCA 724. 4 As to the prayer for relief in relation to paragraph one of the subpoena issued to Mr Bay, I set aside that paragraph except for the tax returns for the financial years ended 30 June 2009 and 30 June 2010. 5 In relation to paragraph one of the subpoena issued to Dr Karen Affleck, I make the same order. That is, I set aside paragraph one except for the tax returns for the financial years ending 30 June 2009 and 30 June 2010. 6 In relation to paragraphs one and two of the subpoena issued to David Baxter, I set aside paragraph one in its entirety. As to paragraph two, I set it aside other than in respect of the financial statements and reports prepared for Station Holdings Pty Limited for the years ended 30 June 2009 and 30 June 2010. 7 Last is the subpoena issued to Steven Brem. I set aside that paragraph one except in relation to the tax returns for the financial years ended 30 June 2009 and 30 June 2010. 8 In relation to the costs of the interlocutory application, I make no order for costs in respect of the Brem subpoena, the Affleck subpoena, and the Bay subpoena. In relation to the Baxter subpoena, I order that the issuing party pay 50 per cent of Mr Baxter's costs of the motion. I certify that the preceding eight (8) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Robertson. Associate: Dated: 11 October 2011