Heugh v Central Petroleum Ltd [No 2]

The case involved a dispute between Heugh and Central Petroleum Ltd. Heugh had previously sought to obtain documents from Central Petroleum Ltd through the issue of subpoenas. Central Petroleum Ltd applied for the subpoenas to be set aside, arguing that they were oppressive, that they were not for a legitimate forensic purpose, and that they were beyond the scope of the memorandum of conferral. The matter was heard in the Supreme Court of Western Australia. The central legal issues were whether the subpoenas were oppressive, whether they were for a legitimate forensic purpose, and whether they were within the scope of the memorandum of conferral.

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.