Federal Court of Australia
Federal Court of Australia
Nevro Medical Pty Ltd v McKelvie (No 2) [2020] FCA 1876 File number(s): VID 641 of 2020
Judgment of: O'CALLAGHAN J
Date of judgment: 23 December 2020
Catchwords: PRACTICE AND PROCEDURE – application by respondent to set aside subpoenas issued to non-parties at applicant's request – application dismissed
Cases cited: Australian Gas Light Co v Australian Competition & Consumer Commission [2003] FCA 1101 Commissioner for Railways v Small (1938) 38 SR (NSW) 564 McIlwain v Ramsey Food Packaging Pty Ltd [2005] FCA 1233; 221 ALR 785 P Dawson Nominees Pty Ltd v Multiplex Ltd [2007] FCA 1044; 64 ACSR 53 Wong v Sklavos [2014] FCAFC 120; 319 ALR 378
Division: Fair Work Division
Registry: Victoria
National Practice Area: Employment and Industrial Relations
Number of paragraphs: 25
Date of hearing: 3 December 2020
Counsel for the Applicant: Mr AG Manos
Solicitor for the Applicant: Baker McKenzie
Counsel for the Respondent: Mr LEP Magowan
Solicitor for the Respondent: PCL Lawyers
ORDERS VID 641 of 2020
BETWEEN: NEVRO MEDICAL PTY LTD Applicant
AND: STUART MCKELVIE Respondent
AND BETWEEN: STUART MCKELVIE Cross-Claimant
AND: NEVRO MEDICAL PTY LTD Cross-Respondent
order made by: O'CALLAGHAN J DATE OF ORDER: 23 December 2020
THE COURT ORDERS THAT:
1. The respondent's interlocutory application dated 30 November 2020 is dismissed. 2. The respondent pay the applicant's costs of the application. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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