Federal Court of Australia
Federal Court of Australia
MCL 105 Pty Ltd v The Agency Group Australia Ltd (No 2) [2021] FCA 339 File number: WAD 7 of 2021
Judgment of: COLVIN J
Date of judgment: 9 April 2021
Catchwords: PRACTICE AND PROCEDURE - application to set aside subpoenas - where discovery not sought before seeking issue of subpoenas - whether subpoenas have legitimate forensic purpose in relation to issues in proceedings - application allowed with limited order for discovery
Cases cited: Australian Building and Construction Commissioner v Construction, Forestry, Maritime, Mining and Energy Union [2019] FCA 2087 Commonwealth of Australia v Albany Port Authority [2006] WASCA 185 Harvard Nominees Pty Ltd v Tiller [2019] FCA 1672 MCL 105 Pty Ltd v The Agency Group Australia Ltd [2021] FCA 264 Niardone v Clubb [2021] FCA 14 Wong v Sklavos [2014] FCAFC 120
Division: General Division
Registry: Western Australia
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Number of paragraphs: 29
Date of hearing: 8 April 2021
Counsel for the Cross-Claimant: Mr P Russell
Solicitor for the Cross-Claimant: Ashurst Australia
Counsel for the Cross-Respondent: Mr AJ Papamatheos
Solicitor for the Cross-Respondent: Tottle Partners
ORDERS WAD 7 of 2021
BETWEEN: MCL 105 PTY LTD (ACN 638 967 218) Cross-Claimant
AND: THE AGENCY GROUP AUSTRALIA LTD (ACN 118 913 232) Cross-Respondent
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