Darnell v Stonehealth Pty Ltd (No 2) [2021] FCA 424

Federal Court of Australia

Darnell v Stonehealth Pty Ltd (No 2) [2021] FCA 424 File number: QUD 51 of 2021

Judgment of: LOGAN J

Date of judgment: 15 April 2021

Catchwords: PRACTICE AND PROCEDURE – application for leave to issue a subpoena – where notice has been given to the respondent of the application for leave – where the granting of leave to issue a subpoena opposed by the respondent – whether documents sought are apparently or adjectivally relevant – where categories 2 and 3 of the draft subpoena are relevant to an issue on the pleadings – where category 1 is a fishing exercise – leave granted in part

Legislation: Administrative Decisions (Judicial Review) Act 1977 (Cth) s 5 Judiciary Act 1903 (Cth) s 39B National Health Act 1953 (Cth) s 99K Federal Court Rules 2011 (Cth) r 24.22 National Health (Australian Community Pharmacy Authority Rules) Determination 2018 (Cth) sch 1

Cases cited: Apache Northwest Pty Ltd v Western Power Corporation (1998) 19 WAR 350 Australian Gas Light Company v Australian Competition and Consumer Commission [2003] FCA 1101 Liristis v Gadelrabb [2009] NSWSC 441 McIlwain v Ramsey Food Packaging Pty Ltd (2005) 221 ALR 785 Minister for Immigration and Multicultural Affairs v Eshetu (1999) 197 CLR 611 Municipality of Bankstown v Fripp (1919) 26 CLR 385 Stanley v Layne Christensen Co [2004] WASCA 50 Stonehealth Pty Ltd v ZAA Ventures Pty Ltd as Trustee for the ZAA Investment Trust [2020] FCAFC 188 ZAA Ventures Pty Ltd as Trustee for the ZAA Investment Trust v Australian Community Pharmacy Authority [2020] FCA 1227