Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Hislop v Paltar Petroleum Limited [2017] FCA 1078 File number: NSD 1383 of 2017
Judge: MARKOVIC J
Date of judgment: 8 September 2017
Catchwords: PRACTICE AND PROCEDURE – application to set aside a notice to produce – where applicant alleges that notice to produce is oppressive, an abuse of process and seeks documents subject to a claim for legal professional privilege – where abuse of process is alleged on basis that documents sought in notice to produce do not relate to facts in issue – whether documents sought in notice to produce relate to facts in issue – application allowed
Legislation: Corporations Act 2001 (Cth) s 237 Federal Court Rules 2011 (Cth) r 30.28
Cases cited: Construction, Forestry, Mining and Energy Union v BHP Coal Pty Ltd (No 3) [2012] FCA 61 Swansson v Pratt [2002] NSWSC 583
Date of hearing: 7 September 2017
Registry: New South Wales
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: Commercial Contracts, Banking, Finance and Insurance
Category: Catchwords
Number of paragraphs: 26
Counsel for the Plaintiff: Mr A Leopold SC with Ms E Holmes
Solicitor for the Plaintiff: Johnson Winter & Slattery
Counsel for the Defendants: Mr M Henry SC with Mr D E Baran
Solicitor for the Defendants: Dentons
ORDERS NSD 1383 of 2017
BETWEEN: JOHN HISLOP Plaintiff
AND: PALTAR PETROLEUM LIMITED First Defendant
ROBERT MADZEJ Second Defendant
MICHAEL CAETANO (and others named in the Schedule) Third Defendant
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