Paterson Bowkett Holdings Pty Limited V Abbas Karroobee [1999] NSWLEC 48

Land and Environment Court of New South Wales CITATION: Paterson Bowkett Holdings Pty Limited V Abbas Karroobee [1999] NSWLEC 48

PARTIES Applicant Paterson Bowkett Holdings Pty Limited

Respondent Abbas Karroobee

NUMBER: 40147 of 1998

CORAM: Cowdroy A J

KEY ISSUES: :- Subpoena - application to set aside - records listed in subpoena not relevant to principal issue but relevant to issue of discretionary relief - conditions to preserve commercial confidentiality

LEGISLATION CITED: Subpoena - application to set aside - records listed in subpoena not relevant to principal issue but relevant to issue of discretionary relief - conditions to preserve commercial confidentiality

DATES OF HEARING: 02/24/1999

DATE OF JUDGMENT DELIVERY: 03/11/1999

Applicant Mr I Hemmings (Barrister)

Solicitors Beilby Poulden Costello LEGAL REPRESENTATIVES: Respondent Mr J Hannaford (Solicitor)

Solicitors Wilshire Webb

JUDGMENT:

Background

1. By Notice of Motion dated 18 February 1999, a corporation known as 2B Mona Road Leasehold Pty Limited ("the Corporation") has made application to the Court pursuant to the Land & Environment Court Rules Part 6, Rule 1 which adopts Part 37 Rule 8 of the Supreme Court Rules to set aside a subpoena for production dated 20 January 1999 issued by the Respondent. Simultaneously, Paterson Bowkett Holdings Pty Limited, the Applicant in the proceedings, has filed a Notice of Motion seeking the same relief in respect to a subpoena addressed to it. The Applicant and the Corporation are hereafter referred to collectively as "the Corporations".