Fine China Capital Investment Limited v Qi (No 3) [2023] FCA 1405

Federal Court of Australia

Fine China Capital Investment Limited v Qi (No 3) [2023] FCA 1405 File number(s): VID 560 of 2023

Judgment of: O'CALLAGHAN J

Date of judgment: 15 November 2023

Catchwords: PRACTICE AND PROCEDURE – application to set aside subpoenas to produce documents – where issue of subpoenas abuse of process – where subpoenas had no conceivable forensic purpose – subpoenas set aside – costs ordered on an indemnity basis

Legislation: Federal Court Rules 2011 (Cth) r 24.15

Cases cited: Chanel Ltd v FW Woolworth & Co Ltd [1981] 1 WLR 485 Commissioner for Railways v Small (1938) 38 SR (NSW) 564 Fine China Capital Investment Limited v Qi [2023] FCA 861 Fine China Capital Investment Limited v Qi (No 2) [2023] FCA 1059

Division: General Division

Registry: Victoria

National Practice Area: Commercial and Corporations

Sub-area: Corporations and Corporate Insolvency

Number of paragraphs: 16

Date of hearing: 14 November 2023

Counsel for the Applicant: Ms De Ferrari SC

Solicitor for the Applicant: AJH Lawyers

Counsel for the Respondent: Mr NH Ferrett KC with Mr H Clift

Solicitor for the Respondent: Carswell & Company

ORDERS VID 560 of 2023

BETWEEN: FINE CHINA CAPITAL INVESTMENT LIMITED Applicant

AND: TAO QI Respondent

order made by: O'CALLAGHAN J DATE OF ORDER: 14 NOVEMBER 2023

THE COURT ORDERS THAT:

1. Pursuant to r 24.15 of the Federal Court Rules 2011 (Cth), the five subpoenas appearing at annexure JAR-5 of the affidavit of John Anthony Richards, affirmed 9 November 2023, be set aside. 2. The applicant pay the respondent's costs of the interlocutory application on an indemnity basis. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.