Plastec Australia Pty Ltd ACN 093 513 467 v Plumbing Solutions and Services Pty Ltd ACN 128 873 629 (No. 2)

The case involves an application by Plastec Australia Pty Ltd to vary the scope of a subpoena issued in connection with their proceedings against Plumbing Solutions and Services Pty Ltd and others. The application was heard in the Federal Court of Australia. The primary issue before the Court was whether the subpoena, which required the third respondent, Mr Martin, to provide documents and attend for examination, should be varied to exclude references to Mrs Jenny Bennett and whether the time for compliance with the subpoena should be extended.

The Court considered the arguments presented by both parties. Mr Martin contended that the subpoena should not be varied because the documents and his attendance were relevant to the proceedings, and the extension of time would cause him undue hardship. On the other hand, Plastec argued that the variation of the subpoena was necessary to ensure the proceedings were just and that the extension of time was reasonable given the circumstances.

The Court held that the subpoena should be varied to exclude references to Mrs Jenny Bennett as she was not a party to the proceedings and there was no evidence suggesting her involvement in the matters at hand. The Court also found that extending the time for compliance with the subpoena was reasonable, considering the complexity of the documents and the need for adequate preparation. The Court ordered that the subpoena be varied accordingly, and the time for compliance be extended to 2.15pm on 14 July 2010. Additionally, the Court ordered that the third respondent, Mr Martin, pay 80% of the costs of Plastec Australia Pty Ltd associated with the Notice of Motion filed on 24 May 2010.