Lemery Holdings Pty Ltd v Reliance Financial Services Pty Ltd; School Holdings Pty Ltd v Dayroll Pty Ltd [2008] NSWSC 1100

New South Wales Supreme Court

CITATION : Lemery Holdings Pty Ltd v Reliance Financial Services Pty Ltd; School Holdings Pty Ltd v Dayroll Pty Ltd [2008] NSWSC 1100

HEARING DATE(S) : 17/10/08

JUDGMENT DATE : 21 October 2008

JURISDICTION : Equity Division Corporations List

JUDGMENT OF : Barrett J

DECISION : Subpoenas set aside

CATCHWORDS : PROCEDURE - subpoenas - party in one proceeding obtains subpoena for production directed to party in another proceeding - subpoena requires production of items held by party to the other proceedings as a result of production on subpoena and grant of access in that other proceeding - whether instant subpoena is an abuse of process

LEGISLATION CITED : Telecommunications (Interception and Access) Act 1979 (Cth), s 63 Uniform Civil Procedure Rules, rules 33.4(1), 33.13(1) and (2)

CATEGORY : Procedural and other rulings

Amalgamated Television Services Pty Ltd v Marsden [2002] NSWCA 419 Hearne v Street [2008] HCA 36; (2008) 248 ALR 609 CASES CITED : Jago v District Court of New South Wales (1989] HCA 46; (1989) 168 CLR 23 Prudential Assurance Co Ltd v Fountain Page Ltd [1991] 1 WLR 756 Williams v Spautz [1992] HCA 34; (1992) 174 CLR 509

(1) Lemery Holdings Pty Limited - Plaintiff Reliance Financial Services Pty Limited - Defendant Reliance Financial Services NSW Pty Limited - Applicant Reliance Financial Services Pty Limited - First Respondent PARTIES : Max Christopher Donnelly in his capacity as liquidator of Reliance Financial Services Pty Limited - Second Respondent (2) School Holdings Pty Limited - Plaintiff Dayroll Pty Limited - Defendant Dayroll NSW Pty Limited - Applicant Dayroll Pty Limited - First Respondent Max Christopher Donnelly in his capacity as Liquidator of Dayroll Pty Limited - Second Respondent