Structerre Consulting Engineers (NSW) Pty Limited v Townend [2020] NSWSC 1476

Supreme Court New South Wales

Medium Neutral Citation: Structerre Consulting Engineers (NSW) Pty Limited v Townend [2020] NSWSC 1476 Hearing dates: 8 October 2020 Date of orders: 8 October 2020 Decision date: 08 October 2020 Jurisdiction: Equity Before: Rees J Decision: Motion to set aside subpoena dismissed with costs Catchwords: SUBPOENA – r 33.4 UCPR – company suing former employee for breach of confidence – subpoena issued to new employer – whether documents sought are relevant – whether fishing – documents sought could possibly throw light on the issues in the case – not necessary to prove that such documents exist or that, with such documents, the plaintiff will succeed at trial. Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), r 33.4 Cases Cited: Associated Dominions Assurance Society Pty Limited v John Fairfax & Sons Pty Limited (1952) 72 WN (NSW) 250 ICAP v Moebes [2001] NSWSC 306 ICAP Australia Pty Limited v BGC Partners (Australia) Pty Ltd [2009] NSWCA 307 ICAP Pty Limited v Moebes [2009] NSWSC 306 In the matter of One.Tel Ltd (in liq) – SingTel Optus Pty Ltd v Weston [2010] NSWSC 1491 Portal Software v Bodsworth [2005] NSWSC 1115 The Commissioner for Railways v Small (1938) 38 SR (NSW) Trade Practices Commissioner v Arnotts Limited (1981) 21 FCR 306 Travel Compensation Fund v Blair [2002] NSWSC 1128 Category: Procedural and other rulings Parties: Structerre Consulting Engineers (NSW) Pty Limited (Plaintiff/Respondent) Intrax Consulting Group Pty Limited (Applicant/Interested Party) Representation: Counsel: Mr P Afshar (Plaintiff/Respondent) Ms F Ashworth, Solicitor (Applicant/Interested Party)