Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Katter v Melhem (No 1) [2014] FCA 1175 Citation: Katter v Melhem (No 1) [2014] FCA 1175
Parties: JOSEPH KATTER and SUSAN VERA KATTER v ROBERT GEORGE MELHEM
File number: NSD 1689 of 2013
Judge: WIGNEY J
Date of judgment: 31 March 2014
Catchwords: PRACTICE AND PROCEDURE – application for leave to issue subpoenas – relevant principles
Cases cited: Australian Gas Light Company v Australian Competition and Consumer Commission [2003] FCA 1101 Harrison v Charalambous [1999] FCA 902 McIlwain v Ramsey Food Packaging Pty Ltd (2005) 221 ALR 785 Re Longo; Ex parte Longo (1995) 57 FCR 523 Smith v Abbott Stillman & Wilson [2007] FCA 1256 Trade Practices Commission v Arnotts (No 2) (1989) 21 FCR 306
Date of hearing: Heard on the papers.
Date of last submissions: 21 March 2014
Place: Sydney
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 27
Solicitor for the Applicant: Piper Alderman
Counsel for the Respondent: JA Hogan-Doran
Solicitor for the Respondent: Madison Marcus
IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION NSD 1689 of 2013
BETWEEN: JOSEPH KATTER
First Applicant
SUSAN VERA KATTER
Second Applicant
AND: ROBERT GEORGE MELHEM
Respondent
JUDGE: WIGNEY J DATE OF ORDER: 31 MARCH 2014 WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. Leave to issue the subpoenas in the form attached to the affidavit of Simon Morris sworn 10 March 2014 is refused. 2. Costs in relation to the application for leave to issue the subpoenas be the respondent's costs in the cause. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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