Boase v Axis International Management Pty Ltd [No 3]

In Boase v Axis International Management Pty Ltd [No 3], Beech J ruled on objections to inspection of certain transcripts of examination of Quentin Phillip O'Doherty Ward, the third defendant, produced under subpoena by the Australian Securities and Investments Commission (ASIC). The plaintiffs, T Boase and J L Boase, sought leave to issue subpoenas against ASIC, and subsequently against Mr Ward. Mr Ward objected to the inspection of portions of the transcripts, arguing that the objected to passages were irrelevant to the issues in the litigation. The court considered the principles governing inspection of subpoenaed documents, emphasising the low threshold of apparent relevance for inspection, and the distinction between inspection and admissibility at trial. The court determined that many of the objected to passages were relevant for inspection, as they could give rise to lines of inquiry or be useful in cross-examination. Beech J rejected Mr Ward's contention that information and events after the date of the plaintiffs' investment in Firepower Holdings Group Ltd (FHG) were irrelevant, as they could potentially influence findings on the disputed representations made by Mr Ward. The court ruled on each passage of the transcript, permitting inspection of those parts that were sufficiently relevant and redacting the remainder. Beech J emphasised that permitting inspection did not mean the inspected parts would necessarily be admissible at trial, as the tests for inspection and admissibility were different.