HEUGH -v- CENTRAL PETROLEUM LTD [No 2] [2013] WASC 323
| SUPREME COURT OF WESTERN AUSTRALIA | Citation No: | [2013] WASC 323 | |
| Case No: | CIV:1493/2012 | 12 AUGUST 2013 | |
| Coram: | LE MIERE J | 28/08/13 | |
| 12 | Judgment Part: | 1 of 1 | |
| Result: | Subpoenas set aside in part | ||
| B | |||
| PDF Version |
| Parties: | JOHN PHILLIP HEUGH CENTRAL PETROLEUM LTD |
Catchwords: | Practice and procedure Subpoenas Legitimate forensic purpose Oppression Turns on own facts Practice and procedure Memorandum of conferral O 59 r 9(1) Rules of the Supreme Court 1971 (WA) |
Legislation: | Rules of the Supreme Court 1971 (WA), O 36B r 4, O 59 r 9(1) |
Case References: | National Employers Mutual General Association Ltd v Waind & Hill (1978) 1 NSWLR 372 Stanley v Layne Christensen Co [2004] WASCA 50 |
JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
- IN CHAMBERS
- Plaintiff
AND
CENTRAL PETROLEUM LTD
Defendant
Catchwords:
Practice and procedure - Subpoenas - Legitimate forensic purpose - Oppression - Turns on own facts
Practice and procedure - Memorandum of conferral - O 59 r 9(1) Rules of the Supreme Court 1971 (WA)
Legislation:
Rules of the Supreme Court 1971 (WA), O 36B r 4, O 59 r 9(1)
Result:
Subpoenas set aside in part
Category: B
Representation:
Counsel:
Plaintiff : Mr M L Bennett
Defendant : Mr R L Hooker
Solicitors:
Plaintiff : Bennett + Co
Defendant : Jarman McKenna
Case(s) referred to in judgment(s):
National Employers Mutual General Association Ltd v Waind & Hill (1978) 1 NSWLR 372
Stanley v Layne Christensen Co [2004] WASCA 50
1 LE MIERE J: The defendant, Central Petroleum Limited (Central Petroleum), is a public company listed on the ASX. It is engaged in the business of petroleum, helium and coal exploration. The plaintiff, Mr Heugh, was until 22 March 2012 employed as its managing director under a written contract of employment. Mr Askin was the chairman of the company. Mr Faull was a director and Mr White is the company secretary. Mr Cottee is the CEO.
2 At a meeting on 2 February 2012 the board of directors of Central Petroleum resolved to assign the authority and responsibility for farmout dealings to the exploration manager, Mr Shortt. On 4 February 2012 Mr Heugh sent two letters to Mr Shortt. The first letter informed Mr Shortt of the board resolution on 2 February 2012 and asked Mr Shortt to inform Mr Heugh whether he would like to take on those responsibilities in addition to his existing workload. The second letter, subsequently described as a letter of warning, stated that Mr Shortt's performance was inadequate and invited Mr Shortt to discuss the matter with Mr Heugh. Mr Heugh subsequently sent an email to Mr Shortt in which he offered to expunge the warning letter from the…
Keep reading for free
Create a free CaseChat account to read Heugh v Central Petroleum Ltd [No 2] and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2013] WASC 323
- Decision Date
CaseChat Overview and Summary
The Court considered the nature of the subpoenas, the context in which they were issued, and the purpose for which they were sought. It held that while some of the subpoenas were oppressive and beyond the scope of the memorandum of conferral, others were not. The Court also found that the subpoenas were not oppressive overall, as they were not so unreasonable as to be unfair or unjust. However, the Court did find that some of the subpoenas were not for a legitimate forensic purpose, as they were not relevant to the issues in the proceeding. The Court set aside the subpoenas in part, and ordered that some of them be quashed. The orders of the Court were that certain subpoenas issued by Heugh to Central Petroleum Ltd were set aside in part.
Orders
Orders of the court
Subpoenas set aside in part
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.