Federal Court of Australia
Federal Court of Australia
Munkara v Santos NA Barossa Pty Ltd (No 5) [2024] FCA 717 File number: VID 907 of 2023
Judgment of: CHARLESWORTH J
Date of judgment: 4 July 2024
Catchwords: PRACTICE AND PROCEDURE – application for leave to issue subpoenas to support an application for costs against a lawyer representing unsuccessful parties to a proceeding – whether submissions foreshadowed in support of the costs application have a sufficient foundation in the evidence to warrant consideration – whether documents sought on the subpoenas might reasonably be expected to shed light on those issues arising on the costs application as presently framed – whether the subpoenas constitute an abuse of process because they are oppressive – considerations of proportionality in the exercise of the discretion to grant leave for the subpoenas to issue – application allowed in part
Legislation: Federal Court of Australia Act 1976 (Cth) s 37M
Cases cited: Anderson v Canaccord Genuity Financial Ltd (No 2) [2022] NSWSC 649 Australian Gas Light Company ACN 052 167 405 v Australian Competition & Consumer Commission [2003] FCA 110 Lemoto v Able Technical Pty Ltd (2005) 63 NSWLR 300 Munkara v Santos NA Barossa Pty Ltd (No 3) [2024] FCA 9 Munkara v Santos NA Barossa Pty Ltd (No 4) [2024] FCA 414 Patonga Beach Holdings Pty Ltd v Lyons [2009] NSWSC 869
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