X Pty Ltd and Ors & Merhi

In proceedings before McClelland J, the applicants, X Pty Ltd and others, sought to set aside or vary certain subpoenas issued to various companies, including MerhiCo Finance Pty Ltd, Merhi Group Holding Company Pty Ltd, C Pty Ltd, and Merhi Bros Holdings Pty Ltd. The dispute concerned the production of documents related to financial benefits provided to Mr G Merhi and financial information of several companies.

The court was required to determine which of the issued subpoenas should be set aside entirely and how the remaining subpoenas should be varied to ensure their scope was appropriate. Specifically, the court had to consider the relevance and breadth of the documents sought in relation to the provision of financial benefits to Mr G Merhi and the financial standing of the respondent companies.

McClelland J ordered that the subpoenas addressed to MerhiCo Finance Pty Ltd, Merhi Group Holding Company Pty Ltd, C Pty Ltd, and Merhi Bros Holdings Pty Ltd be set aside. However, the court varied the schedules of subpoenas issued to X Pty Ltd, A Pty Ltd, Merhi Brothers Pty Ltd, Merhi Bros Investments Pty Ltd, D Pty Ltd, B Pty Ltd, and Mr E Merhi Holdings Pty Ltd. These variations narrowed the scope of the documents to be produced, focusing on evidence of financial benefits to Mr G Merhi, specific financial statements, tax returns, and records relating to property valuations and the application of funds from property sales. The court also made orders regarding the production of documents, inspection by the wife upon execution of a confidentiality agreement, and directions for written submissions on costs.