Plus One International Pty Ltd v Ching [2020] NSWSC 939

Supreme Court New South Wales

Medium Neutral Citation: Plus One International Pty Ltd v Ching [2020] NSWSC 939 Hearing dates: 20 July 2020 Date of orders: 22 July 2020 Decision date: 22 July 2020 Jurisdiction: Equity Before: Williams J Decision: The Registrar's decision of 29 May 2020 is reviewed insofar as that decision concerns the subpoenas issued by the plaintiffs to five educational institutions. The Registrar's decision is otherwise affirmed. Catchwords: PRACTICE AND PROCEDURE – review of decision of registrar – where registrar set aside subpoenas issued to educational institutions, banking entity and private health insurance provider – whether Court should exercise its discretion to review decision of registrar – decision reviewed in part PRACTICE AND PROCEDURE – subpoenas and notices to produce – application to set aside subpoenas – whether subpoenas issued by plaintiff to certain educational institutions should be set aside on the basis of an impermissible fishing exercise – subpoenas not set aside Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), rr 33.4 and 49.19 Cases Cited: Associated Dominions Assurance Society Pty Ltd v Fairfax (1952) 72 WN (NSW) 250 Broadway Plaza Investments Pty Ltd v Broadway Plaza Pty Ltd [2019] NSWSC 410 Elanor Operations Pty Ltd v Chief Commissioner of State Revenue [2020] NSWSC 840 Noble Earth Technologies Pty Ltd v Hampic Pty Ltd [2012] NSWSC 935 Rinehart v Rinehart [2018] NSWSC 1102 Category: Procedural and other rulings Parties: Plus One International Pty Ltd (First Plaintiff) Plus One Migration Pty Ltd (Second Plaintiff) Yiu Tung Ching (First Defendant) Jieyi Lu (Second Defendant) Representation: Counsel: Ms D Dinnen (Plaintiffs) Mr D P O'Connor (Defendants)