Lakatoi v Walker [1999] NSWSC 1036

New South Wales Supreme Court CITATION : Lakatoi v Walker [1999] NSWSC 1036 CURRENT JURISDICTION : Equity Division, Commercial List FILE NUMBER(S) : 50035/98, 50109/98, 50110/98 HEARING DATE(S) : 30 September 1999 JUDGMENT DATE : 30 September 1999

PARTIES : Lakatoi Universal Pty Limited & ors (Plaintiffs) Langley Alexander Walker & ors (Defendants) JUDGMENT OF : Einstein J

COUNSEL : R J Ellicott QC, V R W Gray, S Ocampo (Plaintiffs) A Shand QC, R Powell, C J Leggat (Defendants) SOLICITORS : Gye Associates (Plaintiffs) Perkes & Stone (Defendants) CATCHWORDS : Practice and procedure - Subpoenas - Setting aside subpoenas as oppressive - Entitlement of parties to build up an evidentiary mosaic - Requirement that the Court balance competing considerations in permitting use of subpoena procedure to investigate issues of credit - Obvious danger of permitting a party by use of subpoena procedure to investigate issues of credit having no conceivable relevance to issues pleaded, in the sense that to permit such subpoenas would open up matters falling outside the legitimate field of enquiry raised by the issues in contest - Inspection may be granted, so far as is necessary in the proper conduct of the litigation, where the Court forms the view that the material falls within the legitimate field of enquiry raised by the issues in contest and is reasonably likely to add in the end in some way or other, to the relevant evidence in the case. ACTS CITED : Evidence Act 1995 (NSW) s.103 CASES CITED : National Employers' Mutual General Association Limited v Waind and Hill [1978] 1NSWLR 372 Lakatoi Universal Pty Ltd & Ors v Walker & Ors [Unreported, Supreme Court of NSW, 31 July 1998, Rolfe J) DECISION : Notices of Motion to set aside subpoenas dismissed.