Ehrenfeld and Australian Securities and Investments Commission

The proceeding involved an application by the Applicant, Mr. Ehrenfeld, to object to the issue of a summons and to prevent the Respondent, the Australian Securities and Investments Commission (ASIC), from inspecting documents produced by ANZ Bank. The dispute concerned whether the documents sought by ASIC were capable of throwing light on the issues in the proceedings and whether the summons constituted a "fishing expedition."

The court was required to determine whether the summons issued by ASIC was a legitimate request for relevant documents or an improper attempt to search for evidence. It also had to consider whether ASIC should be permitted to inspect the documents produced in response to the summons.

Deputy President Rayment P found that the summons was not a fishing expedition and that the documents produced were capable of illuminating the issues in the proceedings. Consequently, the objection to inspection was dismissed, and ASIC was granted leave to inspect the summons material. The court also issued directions regarding the filing of evidence and statements by both parties to ensure the matter was prepared for its hearing on 5 February 2018.