WOOKEY -v- QUIGLEY [No 5] [2011] WASC 275
| SUPREME COURT OF WESTERN AUSTRALIA | Citation No: | [2011] WASC 275 | |
| 06/10/2011 | |||
| Case No: | CIV:1176/2009 | 7 SEPTEMBER 2011 | |
| Coram: | KENNETH MARTIN J | 7/09/11 | |
| 14 | Judgment Part: | 1 of 1 | |
| Result: | Inspection denied, save for limited categories | ||
| B | |||
| PDF Version |
| Parties: | DARRYL ANNE WOOKEY JOHN ROBERT QUIGLEY |
Catchwords: | Subpoena Inspection objected to by party Abuse and irrelevant Case management considerations |
Legislation: | Nil |
Case References: | Apache Northwest Pty Ltd v Western Power Corporation (1998) 19 WAR 350 Areva NC (Australia) Pty Ltd v Summit Resources (Australia) Pty Ltd [2007] WASC 276 Areva NC (Australia) Pty Ltd v Summit Resources (Australia) Pty Ltd [No 3] [2009] WASC 67 Briginshaw v Briginshaw (1938) 60 CLR 336 National Employers' Mutual General Association Ltd v Waind [1978] 1 NSWLR 372 Wookey v Quigley [No 3] [2011] WASC 227 |
JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
- IN CHAMBERS
- Plaintiff
AND
JOHN ROBERT QUIGLEY
Defendant
Catchwords:
Subpoena - Inspection objected to by party - Abuse and irrelevant - Case management considerations
Legislation:
Nil
Result:
Inspection denied, save for limited categories
(Page 2)
Category: B
Representation:
Counsel:
Plaintiff : Mr M L Bennett
Defendant : Ms C Galati
Solicitors:
Plaintiff : Bennett & Co
Defendant : Edwards Wallace
Case(s) referred to in judgment(s):
Apache Northwest Pty Ltd v Western Power Corporation (1998) 19 WAR 350
Areva NC (Australia) Pty Ltd v Summit Resources (Australia) Pty Ltd [2007] WASC 276
Areva NC (Australia) Pty Ltd v Summit Resources (Australia) Pty Ltd [No 3] [2009] WASC 67
Briginshaw v Briginshaw (1938) 60 CLR 336
National Employers' Mutual General Association Ltd v Waind [1978] 1 NSWLR 372
Wookey v Quigley [No 3] [2011] WASC 227
(Page 3)
- KENNETH MARTIN J:
(This judgment was delivered ex temporaneously on 7 September 2011 and has been edited from the transcript.)
1 I am dealing with the plaintiff's objections to the defendant's application for access to documents produced to the court by two parties in response to the defendant's two subpoenas for documents which are returnable before trial.
2 The first of the subpoenas was issued to the Commissioner of Police. It seeks (by reference to a schedule) some 11 distinct categories of documents, a number of which are subcategorised into further classes of documents. The second subpoena was answered by the Department of Corrective Services. It was issued to the Commissioner, Mr Ian Johnson. It seeks only two narrower categories of documents. First, the records of visitors to Mr David Francis Everett at Casuarina Prison from August 1992 to 2002. Second, the prison file of David Everett.
3 Both subpoenas have been answered by the delivery of documents to the Registrar of this Court in the period…
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- Case
- [2011] WASC 275
- Decision Date
CaseChat Overview and Summary
The court had to decide whether the subpoena, which sought inspection and identification of documents without limitation, was justified and whether the objections raised by Quigley were valid. The primary legal issues included whether the subpoena was relevant to the proceedings and whether it was reasonable to expect the defendant to inspect all documents without specification. The court also needed to consider case management principles and whether denying the subpoena would unduly prejudice the plaintiff's case.
The court found that while the subpoena was relevant to the proceedings, the broad scope was problematic. The court emphasised the importance of case management in ensuring that the proceedings are conducted efficiently and without unnecessary expense. The court held that the subpoena was overly broad and that the objections raised by Quigley were justified to an extent. Consequently, the court denied the application for inspection in its entirety, except for certain limited categories of documents deemed relevant by the court. This decision balanced the need for thorough investigation with the principles of fairness and efficiency in litigation.
Orders
Orders of the court
Inspection denied, save for limited categories
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.