Federal Court of Australia
Federal Court of Australia
Munkara v Santos NA Barossa Pty Ltd (No 4) [2024] FCA 414 File number: VID 907 of 2023
Judgment of: CHARLESWORTH J
Date of judgment: 24 April 2024
Catchwords: PRACTICE AND PROCEDURE – respondent in action wholly successful in defending applicants' claims – respondent party requesting and serving subpoenas following judgment on the primary claims – subpoenas requested for the purpose of assisting the respondent to decide whether to make an application for costs against non-parties including four addressees – addressees' application to set aside subpoenas in part – whether a subpoena may issue for the purpose disclosed by the respondent – where the addressees alleged there is no reasonable basis to expect that the documents described could support an application for costs against them – consideration of the breadth of the Court's power to issue a subpoena – consideration of evidence disclosing a reasonable basis to expect that the addressees are in possession of documents that may assist the respondent to decide whether to bring a costs application – prior authorities not determinative of the questions arising on the applications
Legislation: Federal Court of Australia Act 1976 (Cth) ss 37M, 43 Offshore Petroleum and Greenhouse Gas Storage Act 2006 (Cth) Federal Court Rules 2011 (Cth) rr 7.23, 24.11, 24.12
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