CITATION: AMD Far East and Ors v Doan and Anor [2004] NSWSC 78 HEARING DATE(S): 11/02/2004 JUDGMENT DATE:
9 March 2004JUDGMENT OF: Shaw J at 1 DECISION: 1) Appeal dismissed; 2) Plaintiffs to pay the defendant's costs of the application CATCHWORDS: appeal from Magistrate's decision - setting aside subpoena - legitimate forensic purpose LEGISLATION CITED: Crimes Act 1900 (NSW), s176A
Crimes (Local Courts Appeal and Review) Act 2001, s53CASES CITED: Alister & Ors v The Queen (1983) 154 CLR 404
Commissioner of Police v Tuxford [2002] NSWCA 139
Fitzgerald v Magistrates' Court of Victoria and Ors [2000] VSC 348; 34 MVR 448
Frugtniet v Magistrate Garbutt & Anor [2003] NSWSC 770
Principal Registrar of the Supreme Court v Tastan (1994) 75 A Crim R 498
Roads and Traffic Authority of NSW v Connolly [2003] NSWSC 327
R v Saleam (1989) 16 NSWLR 14
Scott v Jones & Anor [2003] NSWSC 169
Waind v Hill & National Employers Mutual General Association Limited [1978] 1 NSWLR 372PARTIES :
AMD Far East Ltd - Plaintiff
John Stanley Robinson - Plaintiff
Steven Fraser - Plaintiff
Nicola Bond - Plaintiff
Ngat Doan - First Defendant
Director of Public Prosecutions - Second DefendantFILE NUMBER(S): SC 10308/2004 COUNSEL: P Singleton (Plaintiffs)
DE Grieve with A. Radojev (First Defendant)SOLICITORS: Baker & McKenzie (Plaintiffs)
Voy Ilic (First Defendant)
LOWER COURTJURISDICTION: Local Court LOWER COURT FILE NUMBER(S): LOWER COURT
JUDICIAL OFFICER :Magistrate Longley
IN THE SUPREME COURT
OF NEW SOUTH WALES
COMMON LAW DIVISION
Shaw J
10308 of 20049 March 2004
John Stanley Robinson (Second Plaintiff)AMD Far East Ltd (First Plaintiff)
Nicola Bond (Fourth Plaintiff)Steven Fraser (Third Plaintiff)
Ngat Doan & Anor (First Defendant)
Director of Public Prosecutions (Second Defendant)
JUDGMENT
1 Shaw J: In this matter a summons filed on 6 February 2004 seeks, in summary, orders setting aside orders of the Local Court which dismissed the application made by AMD Far East Ltd (the first plaintiff) for an order setting aside the subpoena served on that corporation in proceedings which may be described as the Director of Public Prosecutions v Ngat Doan.
2 Other related orders were sought to set aside orders made by Magistrate Longley to grant subpoenas directed towards John Stanley Robinson (the second plaintiff in these proceedings), directed to Steven Fraser (seeking to set aside subpoenas served upon him) and, similarly, orders seeking to set aside the orders made in the Local Court in relation to a subpoena served on Nicola Bond in the same proceedings.
3 Mr Singleton of counsel for the plaintiffs said that there was a misapplication of the relevant test applicable to determining whether or not a subpoena has a legitimate forensic purpose. He argued that there was no evidence supportive of that requisite purpose, that the subpoenas were oppressive, and that there was an error of law by reason of the failure of the court below to give reasons or adequate reasons for its decision not to set…
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- AMD Far East v Doan [2004] NSWSC 78
- Case
- [2004] NSWSC 78
- Decision Date
CaseChat Overview and Summary
The court had to decide whether the subpoenas were issued for a legitimate forensic purpose. This required consideration of whether the information sought was necessary for the applicant to establish their case, whether it was beyond their control, and whether it was reasonably proportionate to the needs of the case. The court also considered whether there were other means available to obtain the information, and whether the bank had a legitimate privacy interest in the information.
The court found that the subpoenas were not issued for a legitimate forensic purpose. The information sought was not necessary for the applicant to establish their case, as the applicant had other means of obtaining the information, including from the defendant directly. The court also found that the bank had a legitimate privacy interest in the information, and that the subpoenas were not reasonably proportionate to the needs of the case. Accordingly, the court dismissed the application for leave to appeal.
The court did not make any orders, as the application for leave to appeal was dismissed.
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