McHugh v Australian Jockey Club Limited (No 4)

[2011] FCA 1106

FEDERAL COURT OF AUSTRALIA

McHugh v Australian Jockey Club Limited (No 4) [2011] FCA 1106

Citation:		McHugh v Australian Jockey Club Limited (No 4) [2011] FCA 1106
Parties:		BRUCE MCHUGH v AUSTRALIAN JOCKEY CLUB LIMITED, VICTORIA RACING CLUB LIMITED, AUSTRALIAN RACING BOARD LIMITED, THOROUGHBRED BREEDERS AUSTRALIA LIMITED and AUSTRALIAN TURF CLUB LIMITED
File number(s):		NSD 1187 of 2009
Judge:		ROBERTSON J
Date of judgment:		9 September 2011
Legislation:		Federal Court of Australia Act 1976 (Cth) s 37M Federal Court Rules 2011 (Cth) r 24.15
Cases cited:		McHugh v Australian Jockey Club Ltd (No 2) [2011] FCA 724
Date of hearing:	9 September 2011
Place:	Sydney
Division:	GENERAL DIVISION
Category:	No catchwords
Number of paragraphs:	8
Counsel for the Applicant:	Mr A Tonking SC with Mr J Lazarus and Ms P Arcus
Solicitor for the Applicant:	Brock Partners
Counsel for the First, Second and Sixth Respondents:	Mr AJ Bannon SC with Dr R Higgins
Solicitor for the First, Second and Sixth Respondents:	Johnson Winter & Slattery
Counsel for the Third Respondent:	Mr GES Ng
Solicitor for the Third Respondent:	Yeldham Price O'Brien Lusk
Counsel for the Fifth Respondent:	Mr JS Emmett
Solicitor for the Fifth Respondent:	Esplins Solicitors

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION	NSD 1187 of 2009

BETWEEN:

BRUCE MCHUGH
Applicant

AND:

AUSTRALIAN JOCKEY CLUB LIMITED
First Respondent

VICTORIA RACING CLUB LIMITED
Second Respondent

AUSTRALIAN RACING BOARD LIMITED
Third Respondent

THOROUGHBRED BREEDERS AUSTRALIA LIMITED
Fifth Respondent

AUSTRALIAN TURF CLUB LIMITED
Sixth Respondent

JUDGE:	ROBERTSON J
DATE OF ORDER:	9 SEPTEMBER 2011
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.Paragraph one of the subpoena issued to Mr Bay be set aside except for the tax returns for the financial years ended 30 June 2009 and 30 June 2010.

2.Paragraph one of the subpoena issued to Dr Affleck be set aside except for the tax returns for the financial years ended 30 June 2009 and 30 June 2010.

3.Paragraph one of the subpoena issued to Mr Baxter be set aside.

4.Paragraph two of the subpoena issued to Mr Baxter be set aside except for the financial statements and reports prepared for Station Holdings Pty Limited for the years ended 30 June 2009 and 30 June 2010.

5.Paragraph one of the subpoena issued to Mr Brem be set aside except for the tax returns for the financial years ended 30 June 2009 and 30 June 2010.

6.No order as to costs in relation to the subpoenas addressed to Mr Brem, Dr Affleck and Mr Bay.

7.The issuing party pay 50 per cent of Mr Baxter’s costs of the motion.

Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION	NSD 1187 of 2009

BETWEEN:

BRUCE MCHUGH
Applicant

AND:

AUSTRALIAN JOCKEY CLUB LIMITED
First Respondent

VICTORIA RACING CLUB LIMITED
Second Respondent

AUSTRALIAN RACING BOARD LIMITED
Third Respondent

THOROUGHBRED BREEDERS AUSTRALIA LIMITED
Fifth Respondent

AUSTRALIAN TURF CLUB LIMITED
Sixth Respondent

JUDGE:	ROBERTSON J
DATE:	9 SEPTEMBER 2011
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. Before me this morning is an interlocutory application filed in court, dated 8 September 2011, seeking relief on behalf of the recipients of four subpoenas. The matter was the subject of written submissions and short oral submissions. 

2. I will state my orders in relation to each of the subpoenas in turn, and in the order in which they are dealt with in the first four paragraphs of the interlocutory application.

3. I am proceeding under rule 24.15 of the Federal Court Rules 2011 (Cth), read in the light of section 37M of the Federal Court of Australia Act 1976 (Cth). I have recently considered, in this proceeding, the relevant principles: see McHugh v Australian Jockey Club Ltd (No 2) [2011] FCA 724.

4. As to the prayer for relief in relation to paragraph one of the subpoena issued to Mr Bay, I set aside that paragraph except for the tax returns for the financial years ended 30 June 2009 and 30 June 2010.

5. In relation to paragraph one of the subpoena issued to Dr Karen Affleck, I make the same order.  That is, I set aside paragraph one except for the tax returns for the financial years ending 30 June 2009 and 30 June 2010. 

6. In relation to paragraphs one and two of the subpoena issued to David Baxter, I set aside paragraph one in its entirety.  As to paragraph two, I set it aside other than in respect of the financial statements and reports prepared for Station Holdings Pty Limited for the years ended 30 June 2009 and 30 June 2010.

7. Last is the subpoena issued to Steven Brem. I set aside that paragraph one except in relation to the tax returns for the financial years ended 30 June 2009 and 30 June 2010. 

8. In relation to the costs of the interlocutory application, I make no order for costs in respect of the Brem subpoena, the Affleck subpoena, and the Bay subpoena.  In relation to the Baxter subpoena, I order that the issuing party pay 50 per cent of Mr Baxter’s costs of the motion.

I certify that the preceding eight (8) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Robertson.

Associate:

Dated:       11 October 2011