Kestell v Davey

The defendants in Kestell v Davey brought an application to set aside subpoenas issued by the plaintiff to a number of non-parties. The plaintiff sought a range of documents from these non-parties, including emails, text messages, and WhatsApp messages, between specified dates. The defendants argued that the subpoenas did not serve a legitimate forensic purpose, were an abuse of process, and were oppressive. The court considered whether the subpoenas had a legitimate forensic purpose, whether they were an abuse of process, and whether they were oppressive. The court found that the subpoena to Lotus Resources Ltd was oppressive because it required the production of an excessive number of documents that were unlikely to be relevant to the issues in the proceedings. The court also found that the subpoenas to Mr Kay and BW Equities Pty Ltd did not serve an oppressive purpose as the categories of documents sought were likely to be relevant to the issues in the proceedings. The court set aside the subpoena to Lotus Resources Ltd and refused to set aside the subpoenas to Mr Kay and BW Equities Pty Ltd. The court did not make any orders as to costs.