Merhi and Merhi and Ors (No. 3)

In *Merhi and Merhi and Ors (No. 3)*, Loughnan J of the Federal Court of Australia considered objections to subpoenas issued in proceedings between the applicants and the respondents. The dispute involved a challenge to the validity of certain loan agreements and related securities.

The primary legal issues before the Court were whether the subpoenas issued to various financial institutions and a trustee company were oppressive or sought documents that were irrelevant or otherwise improperly sought. Specifically, the Court had to determine the validity of objections to subpoenas seeking, among other things, credit card applications and supporting documents, and whether other objections to the subpoenas should be upheld or dismissed.

Loughnan J reasoned that the subpoenas seeking credit card applications and supporting documents were too broad and therefore oppressive, leading to those specific requests being set aside. However, the Court found that the objections to the remaining parts of the subpoenas issued to the financial institutions were not made out, and accordingly, those objections were dismissed. The objection to the subpoena issued to X Pty Limited ATF the Mr H Merhi Trust was also dismissed.