Oxygen Air Limited v LG Electronics Australia Pty Limited

Oxygen Air Limited, a former distributor of LG Electronics Australia Pty Limited products, has brought a proceeding against LG alleging breach of contract and misleading or deceptive conduct. The proceeding has reached the trial stage, and Oxygen has served subpoenas on three witnesses, one of which requires the production of documents. LG and one of the witnesses have applied to set aside the subpoenas. Oxygen has applied for directions that the witnesses give oral evidence at the trial. The Court held that the subpoena on Geoffrey Lim, a director of I Fix 4U Services Limited, was an abuse of process and should be set aside as it required Mr Lim to create a document which he did not have and which already existed in the hands of Oxygen. The Court found that Mr Lim's oral evidence was not necessary. The Court found that the subpoenas on Martina Rangihuna and Tekura Aerenga, both former employees of LG, were not an abuse of process, but the attempts to obtain a brief of evidence from them were inadequate. The Court granted the applications by Oxygen for directions that the two witnesses give oral evidence at the trial. The Court refused the applications by LG and Mr Lim to set aside the subpoenas on Martina Rangihuna and Tekura Aerenga.