Stopford Malloy and Malloy

In the Supreme Court of New South Wales, Austin J considered objections raised by DD Pty Ltd and OO Pty Ltd to subpoenas issued in proceedings between a husband and wife. The dispute concerned the production of documents by these third parties in response to subpoenas served upon them.

The primary legal issues before the court were whether the objections to the subpoenas were valid and, consequently, whether DD Pty Ltd and OO Pty Ltd should be compelled to produce the documents requested in the respective schedules to the subpoenas. The court was required to determine the scope of the subpoenas and the extent to which the objecting parties were entitled to resist production.

Austin J reasoned that the objections were not entirely successful. The court ordered DD Pty Ltd to produce documents in response to Classes 2, 3, and 5 of the subpoena issued to it, while partly dismissing its Notice of Objection. Similarly, the court dismissed the Notice of Objection filed by OO Pty Ltd and ordered it to produce documents in answer to Classes 2 to 5 inclusive of the subpoena issued to it. Leave was granted to the husband and wife to inspect the documents produced by both third parties.

By consent, no order was made as to costs between the wife and DD Pty Ltd regarding its objection. However, OO Pty Ltd was ordered to pay the wife’s costs of and incidental to the determination of its Notice of Objection on a party/party basis, with certification for junior counsel.