KSMC Holdings Pty Ltd t/as Hubba Bubba Childcare on Haig v Bowden (No 2)

In *KSMC Holdings Pty Ltd t/as Hubba Bubba Childcare on Haig v Bowden (No 2)*, the appellants sought to set aside certain subpoenas and notices to produce issued in defamation proceedings. The respondents sought costs of and incidental to a notice of motion filed on 26 June 2020.

The primary legal issues before the court were whether the subpoenas and notices to produce, which sought extensive information, were oppressive and an abuse of process, and whether the respondents were entitled to their costs of the application to set them aside.

The court found that paragraphs 2 and 3 of the subpoena dated 30 March 2020, and paragraphs 1 and 2 of the notice to produce dated 30 March 2020, were oppressive and therefore set them aside. Similarly, paragraphs 3 and 4 of the notice to produce dated 18 June 2020 were also set aside on the grounds of oppression. The court reasoned that the breadth of the requests was disproportionate to the issues in the proceedings and constituted an abuse of process.

Consequently, the court ordered that the appellants pay the costs of the respondents of and incidental to the notice of motion dated 26 June 2020.