| IN THE SUPREME COURT OF VICTORIA | Not Restricted |
AT MELBOURNE
COMMERCIAL COURT
S CI 2014 04712
| JOANNE WALSH | Plaintiff |
| v | |
| WORLEYPARSONS LIMITED (ACN 096 090 158) | Defendant |
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JUDGE: | ALMOND J |
WHERE HELD: | Melbourne |
DATE OF HEARING: | 12 March 2015 |
DATE OF RULING: | 15 April 2015 |
CASE MAY BE CITED AS: | Walsh v WorleyParsons Limited |
MEDIUM NEUTRAL CITATION: | [2015] VSC 135 |
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PRACTICE AND PROCEDURE – Subpoenas – Application to set aside – Rule 42.04(1) of Supreme Court (General Civil Procedure) Rules 2005 (Vic) – Whether legitimate forensic purpose exists – Whether subpoenas are vexatious, oppressive or an abuse of process of Court – Whether subpoenas are a breach of overarching obligations pursuant to ss 16, 19, 20 and 24 of the Civil Procedure Act 2010 (Vic) – Some subpoenas set aside wholly or in part as ‘fishing’.
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APPEARANCES: | Counsel | Solicitors |
| For the Plaintiff | Mr N J O'Bryan SC Mr M W L Symons | Stewart Peters Lawyer |
| For the Defendant | Ms W A Harris QC Ms J A Findlay | Herbert Smith Freehills |
HIS HONOUR:
By summons dated 26 November 2014 (as amended on 18 February 2015), the defendant seeks an order (among others) that the proceeding no longer continue as a group proceeding pursuant to s 33N of the Supreme Court Act 1986 (Vic) (‘Section 33N Application’).
On 14 January 2015, the defendant caused to be issued four subpoenas to produce documents addressed to each of Melbourne City Investments Pty Ltd (‘MCI’), Stewart Peters, Mark Elliott and Norman O’Bryan SC (‘January subpoenas’). On 18 February 2015, the defendant caused to be issued three subpoenas to produce documents addressed to each of MCI, Mark Elliott and Stewart Peters (‘First February subpoenas’). These subpoenas (seven in total) were issued in order to obtain further documents in support of the Section 33N Application.[1]
[1]Affidavit of Jason Lawrence Betts, sworn 10 March 2015, [12], [18].
On 18 February 2015, the defendant filed a further summons seeking orders that this proceeding be stayed as an abuse of process (‘Abuse Application’).
On 18, 19 and 20 February 2015, the defendant caused to be issued 11 subpoenas addressed to each of:
(a)Hillcrest Litigation Services Limited, IMF Bentham Limited, LCM Litigation Fund Pty Limited, Litigation Lending Services Limited, Litman Holdings Pty Limited, JustKapital Litigation Pty Limited (x 2), BSL Litigation Partners Limited, and Comprehensive Legal Funding LLC (‘Litigation Funder subpoenas’); and
(b)MCI and Mark Elliott (‘Second February subpoenas’).
These subpoenas were issued in order to obtain further evidence relevant to the Abuse Application.[2]
[2]Ibid, [22]-[23].
On 4 March 2015, the plaintiff filed a summons seeking an order that all 18 subpoenas be set aside on the grounds that they are fishing, vexatious, oppressive, an abuse of process and a breach by the defendant of its overarching obligations of economy and efficiency in the conduct of this proceeding under ss 16, 19, 20 and 24 of the Civil Procedure Act 2010 (Vic) (‘Civil Procedure Act’).
In support of its application, the plaintiff relied on an affidavit…
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- Case
- [2015] VSC 135
- Decision Date
CaseChat Overview and Summary
The court meticulously examined the subpoenas, considering their relevance and necessity for the plaintiff’s defence. It found that some of the subpoenas lacked a legitimate forensic purpose and were issued for the purpose of discovery, which is not permitted under the rules. The court also held that these subpoenas were vexatious and oppressive, and thus a breach of the overarching obligations under the Civil Procedure Act. Consequently, the court decided to set aside these subpoenas either in part or wholly, characterizing them as 'fishing' expeditions. This decision underscored the importance of adhering to legal principles and ensuring that discovery processes are conducted within the bounds of the law.
The court’s decision was clear in its recognition of the need to protect parties from unwarranted and excessive discovery demands. It held that only those subpoenas that served a legitimate forensic purpose would be upheld. The court issued orders setting aside the problematic subpoenas, affirming the principles of fair and just litigation practices. This ruling serves as a reminder to legal practitioners to ensure that their discovery requests are both necessary and proportionate to the matters at hand.
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