Federal Court of Australia
Federal Court of Australia
Vehicle Monitoring Systems Pty Limited v SARB Management Group Pty Ltd trading as Database Consultants Australia (No 7) [2021] FCA 142 File number: NSD 200 of 2019
Judgment of: BESANKO J
Date of judgment: 25 February 2021
Catchwords: PRACTICE AND PROCEDURE — application for leave to issue a subpoena to produce documents — where witness gave evidence in advance of trial and later discovered additional materials that may be relevant — potential for documents to lead to applications with respect to further evidence and amendments to pleadings — documents not irrelevant by reason of case management issues including issues raised by proximity of trial — leave to issue subpoena granted
Legislation: Federal Court Rules 2011 (Cth) rr 1.32, 1.34, 1.35, 24.01, 24.15
Cases cited: AON Risk Services Australia Ltd v Australian National University [2009] HCA 27; (2009) 239 CLR 175 Vehicle Monitoring Systems Pty Limited v SARB Management Group Pty Ltd trading as Database Consultants Australia (No 6) [2020] FCA 1866
Division: General Division
Registry: New South Wales
National Practice Area: Intellectual Property
Sub-area: Patents and associated Statutes
Number of paragraphs: 13
Date of last submissions: 22 February 2021
Date of hearing: Determined on the papers
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