Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
BrisConnections Finance Pty Limited (Receivers and Managers Appointed) v Arup Pty Limited [2016] FCA 906 File number: NSD 521 of 2014
Judge: FLICK J
Date of judgment: 5 August 2016
Catchwords: PRACTICE AND PROCEDURE – application to set aside subpoenas – application most conveniently made to Judge who granted leave to issue subpoena PRACTICE AND PROCEDURE – subpoena – lack of apparent relevance – no analysis of inadequacy of existing extensive discovery – disproportionate costs and disruption to subpoenaed party
Legislation: Federal Court of Australia Act 1976 (Cth), ss 37M, 37N Federal Court Rules 2011 (Cth), r 24.15(1)
Cases cited: BGC (Australia) Pty Ltd v Fremantle Port Authority [2014] FCA 1083 Becwell Legal Services Pty Ltd, in the matter of Griffin Energy Group Pty Ltd (Subject to Deed of Company Arrangement) v McMaster [2011] FCA 1501 BrisConnections Finance Pty Ltd v Arup Pty Ltd [2015] FCA 1077 BrisConnections Finance Pty Ltd v Arup Pty Ltd [2016] FCA 438 Expense Reduction Analysts Group Pty Ltd v Armstrong Strategic Management and Marketing Pty Limited [2013] HCA 46, (2013) 250 CLR 303 Kennedy v Secretary, Department of Industry [2016] FCA 485 Kenquist Nominees Pty Ltd v Campbell [2016] FCA 354 Perazzoli v BankSA [2015] FCA 373 Sklavos v Australasian College of Dermatologists [2014] FCA 476 Spencer v Commonwealth of Australia [2014] FCA 1234 Wong v Sklavos and Another [2014] FCAFC 120, (2014) 319 ALR 378
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