Credit Suisse AG v Gu [2021] NSWSC 756

Supreme Court New South Wales

Medium Neutral Citation: Credit Suisse AG v Gu [2021] NSWSC 756 Hearing dates: On the papers Date of orders: 25 June 2021 Decision date: 25 June 2021 Jurisdiction: Common Law Before: Davies J Decision: 1. In respect to the documents produced by National Australia Bank Ltd, HSBC Bank Australia Ltd, Crown Melbourne Ltd, and the Department of Home Affairs pursuant to subpoenas issued by the eighth defendant referred to in the Annexure to the Amended Notice of Motion dated 9 June 2021 and in paragraph 9 and Exhibit "BW20" to the affidavit of Barry Wight sworn 22 June 2021, the eighth defendant and the liquidators be released from the implied undertaking that those documents be used only for the purposes of the present proceedings, such that the eighth defendant and the liquidators be permitted to use those documents for the purposes of the winding up of the companies specified in prayer 1 of the Amended Notice of Motion, including for investigating the affairs of each of the companies, taking any recovery action or bringing proceedings by the liquidators in the name of the companies. 2. No order as to the costs of the Amended Notice of Motion. Catchwords: CIVIL PROCEDURE – subpoenas – Harman undertaking – application by liquidators of a defendant to use subpoenaed documents for purposes associated with winding up of the defendant and associated companies – where no opposition from producing parties – where purposes associated with winding-up included the defence of the proceedings – applicant released from implied undertaking Legislation Cited: Corporations Act 2001 (Cth) s 588FB Cases Cited: Harman v Secretary of State for the Home Department [1983] 1 AC 280 Vickers v Commonwealth of Australia [2020] NSWSC 1762 Texts Cited: Nil Category: Procedural rulings Parties: Menghong (Michael) Gu (First Defendant) Great Lands Investment Pty Ltd (Second Defendant) Zhi Huang (Third Defendant) Ying Qin (Fourth Defendant) Zhenhua Zhang (Fifth Defendant) Po Hu (Sixth Defendant) Hongyun Liu (Seventh Defendant) I-Prosperity Pty Ltd (In Liquidation) (Eighth Defendant) Jing Spring Hill Pty Ltd (Ninth Defendant) Liyun Liu (Tenth Defendant) Representation: Counsel: F Tao (Eighth Defendant) On the papers