Application of the Securities and Exchange Commission under the Evidence on Commission Act 1995 (NSW) [2020] NSWSC 1212

Supreme Court New South Wales

Medium Neutral Citation: Application of the Securities and Exchange Commission under the Evidence on Commission Act 1995 (NSW) [2020] NSWSC 1212 Hearing dates: 7 September 2020 Date of orders: 8 September 2020 Decision date: 08 September 2020 Jurisdiction: Common Law Before: Wright J Decision: (1) The hearing of the plaintiff's summons filed on 19 August 2020 is to be expedited. (2) The costs of the plaintiff's notice of motion filed on 26 August 2020 are to be each party's costs in the cause. Catchwords: EXPEDITION – Summons under s 32 of Evidence on Commission Act 1995 – Application for expedition – Whether factors warranting expedition – Whether disentitling delay or oppression – Hearing of summons expedited in the circumstances Legislation Cited: Evidence on Commission Act 1995 (NSW) Cases Cited: British American Tobacco (Investments) Ltd v Eubanks (2004) 60 NSWLR 483; [2004] NSWCA 158 Gredd v Arpad Busson [2003] EWHC 3001 Greetings Oxford Koala Hotel Pty Ltd v Oxford Square Investments Pty Ltd (1989) 18 NSWLR 33 Category: Procedural and other rulings Parties: Securities and Exchange Commission (Plaintiff) Bradley Twynham (First Respondent) Marcus Alan Leith Nicholson (Second Respondent) Jon Waldron (Third Respondent) Chris Kelada (Fourth Respondent) Tom Richardson (Fifth Respondent) Tom Pennington (Sixth Respondent) Miriam Ingrid Lane (Seventh Respondent) Matthew Smith (Eighth Respondent) Matthew Keaney (Ninth Respondent) Darren Murphy (Tenth Respondent) Eric Pulier (Eleventh Respondent) Representation: Counsel: D Tynan (Plaintiff) P Lange (Third Respondent) H Mann (Fourth, Fifth, Sixth, Seventh, Eighth, Ninth and Tenth Respondents) H Younan (Eleventh Respondent)