SOCIÉTÉ Des Produits NestlÉ SA v Christian (No.14)

In the Federal Circuit Court of Australia, Judge Manousaridis considered an application by the respondent, Christian, seeking to administer interrogatories and to have subpoenas issued to Ms Judith Brimer, Mr Graeme J. McEwen, and Mr Christopher Freeland. The applicant, SOCIÉTÉ Des Produits NestlÉ SA, opposed these requests. The dispute centred on whether the proposed interrogatories were appropriate for the administration of justice and whether the subpoenas were sought for a legitimate forensic purpose.

The court was required to determine two primary legal issues. Firstly, whether it was appropriate, in the interests of the administration of justice, to permit the respondent to administer interrogatories. Secondly, the court had to ascertain whether the subpoenas filed by the respondent, addressed to specific individuals involved with the Therapeutic Goods Advertising Code Council, a barrister, and a National Managing Partner of a law firm, were issued for a legitimate forensic purpose.

Judge Manousaridis reasoned that it was not appropriate to allow the respondent to administer interrogatories, concluding that doing so would not serve the interests of justice. Consequently, the court ordered that the subpoenas filed by the respondent on 5 December 2014, directed to Ms Judith Brimer, Mr Graeme J. McEwen, and Mr Christopher Freeland, be set aside. Furthermore, the respondent was ordered not to file any further subpoenas with the Court Registry without first obtaining the leave of a Judge.