Marquess Investment Fund Pty Limited v Tjen [2022] NSWSC 200

Supreme Court New South Wales

Medium Neutral Citation: Marquess Investment Fund Pty Limited v Tjen [2022] NSWSC 200 Hearing dates: 28 February 2022 Date of orders: 28 February 2022 Decision date: 04 March 2022 Jurisdiction: Common Law Before: Lonergan J Decision: (1) By consent, access to the documents produced in response to the CBA subpoena is limited to the defendant's legal representatives and any expert retained. (2) The plaintiff's notice of motion filed on 9 December 2021 is otherwise dismissed. (3) The plaintiff to pay the defendant's costs of the notice of motion. (4) The proceedings are listed for case management before Lonergan J at 12:45pm on 10 March 2022. Catchwords: CIVIL PROCEDURE - review of decision of Common Law Registrar refusing to set aside part of a subpoena addressed to a "non-party" – non-party is sole director of the plaintiff – principles for review – no interests of justice requiring the decision be set aside – case management – overriding purpose Legislation Cited: Civil Procedure Act 2005 (NSW) Supreme Court Act 1970 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Noble Earth Technologies Pty Ltd v Hampic Pty Ltd trading as Cyndan Chemicals [2012] NSWSC 935 Secretary of the Department of Planning, Industry and Environment v Blacktown City Council [2021] NSWCA 145 Soraya Ahmed v Osman Ahmed [2013] NSWSC 1814 Tomko v Palasty (No. 2) (2007) 71 NSWLR 65; [2007] NSWCA 369 Wily re LED (South Coast) Pty Ltd (2009) 76 NSWLR 428; [2009] NSWSC 946 Category: Procedural rulings Parties: Marquess Investment Fund Pty Limited (Plaintiff) Joshua Tjen (Defendant) Representation: Counsel: J Nathan (Plaintiff) C Freeman (Defendant)