Ryan v Allianz Australia Insurance Ltd (ACN 000122850)

The matter between Ryan and Allianz Australia Insurance Ltd (ACN 000122850) came before the court to address an application to set aside subpoenas and associated costs. The dispute centred on the validity and scope of a subpoena issued to Fiona Kaufmehl, also known as Fiona McDonald, by the plaintiff. The subpoena in question contained various categories which the plaintiff sought to enforce, but these were contested by Fiona Kaufmehl.

The legal issues before the court involved the propriety of certain categories of the subpoena and the appropriate costs to be awarded in connection with the application to set them aside. Specifically, the court needed to determine whether categories 5 to 15 of the subpoena were valid and enforceable and the consequences of any partial compliance with the subpoena. Additionally, the court had to consider the costs associated with the application and the motion to set aside the subpoena.

In its reasoning, the court found that categories 5 to 15 of the subpoena were not valid and set them aside. The court further held that the plaintiff was to bear the costs of the notice of motion filed on 19 March 2025 on an indemnity basis. Prayers 3 and 4 of the notice of motion filed on 31 January 2025 were dismissed with costs. The plaintiff was also ordered to pay Fiona Kaufmehl’s costs relating to her partial compliance with the subpoena, either as agreed or assessed. Lastly, the plaintiff was to cover the costs of the First Defendant’s attendance at the hearing on 16 April 2025 on the ordinary basis.

The final orders of the court were to set aside categories 5 to 15 of the subpoena, require the plaintiff to pay costs on various specified bases, dismiss certain prayers with costs, and mandate the plaintiff to cover Fiona Kaufmehl’s costs for partial compliance and the First Defendant’s attendance costs.