Farriss v Axford (No 2) [2021] NSWSC 1055

Supreme Court New South Wales

Medium Neutral Citation: Farriss v Axford (No 2) [2021] NSWSC 1055 Hearing dates: 10 August 2021 Date of orders: 10 August 2021 Decision date: 10 August 2021 Jurisdiction: Common Law Before: Cavanagh J Decision: (1) The Notice of Motion filed by the plaintiffs on 2 December 2020 is dismissed. (2) The Subpoenas to Produce addressed to John Axford, Bryce Adrian Statis and Ocean Phase Marine Electrical Solutions Pty Ltd filed on 16 July 2021 are set aside pursuant to r 33.4 Uniform Civil Procedure Rules 2005 (NSW). (3) I order that the documents produced under the subpoenas by Mr Statis and Ocean Phase Marine Electrical Solutions Pty Ltd be returned to them. (4) I order the plaintiffs to pay the costs of both motions. Catchwords: CIVIL PROCEDURE – Subpoenas – Application to set aside – Relevance CIVIL PROCEDURE – Subpoenas – Objection to production of documents or things - Privilege Legislation Cited: Competition and Consumer Act 2010 (Cth) Evidence Act 1995 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Attorney-General (NT) v Maurice (1986) 161 CLR 475; [1986] HCA 80 Expense Reduction Analysts Group v Armstrong Strategic Management and Marketing (2013) 250 CLR 303; [2013] HCA 46 Mann v Carnell (1999) 201 CLR 1; [1999] HCA 66 Category: Procedural rulings Parties: Timothy William Farriss (First Plaintiff) Montana Productions Pty Ltd (Second Plaintiff) John William Axford (First Defendant) Jill Mary Axford (Second Defendant) Church Point Charter and Shipping Pty Ltd (Third Defendant) Representation: Counsel: A Williams (Plaintiffs) J Turnbull SC with J Sleight (Defendants)