Johnston v Brightstars Holding Company Pty Ltd

In the matter of *Johnston v Brightstars Holding Company Pty Ltd*, the appellants sought to issue notices to produce documents at the appeal hearing. The respondents applied to have these notices set aside.

The central legal issue before the court was whether the documents sought by the appellants were relevant and admissible on appeal, and whether the notices constituted an abuse of process. Specifically, the court considered whether the documents, which the appellants assumed would reveal the respondents' intended meaning of a letter forming the terms of a contract, could be admitted.

The court reasoned that the subjective intentions of the parties are irrelevant to the construction of a written contract. Furthermore, the appellants failed to provide an adequate explanation for not seeking these documents during the initial proceedings. Consequently, the court found no reasonable prospect that the documents would be admitted into evidence on appeal.

The court therefore made orders setting aside the notices to produce documents, finding them to be an abuse of process.