GEMI 169 Pty Ltd & Anor v Suria Global (L) Pty Ltd & Ors [2022] NSWSC 857

Supreme Court New South Wales

Medium Neutral Citation: GEMI 169 Pty Ltd & Anor v Suria Global (L) Pty Ltd & Ors [2022] NSWSC 857 Hearing dates: 22 June 2022 Date of orders: 22 and 23 June 2022 Decision date: 28 June 2022 Jurisdiction: Equity - Duty List Before: Kunc J Decision: Plaintiff's application granted ex parte Catchwords: CIVIL PROCEDURE – Interim preservation – Search orders – Grounds on which ordered Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Brags Electric Pty Ltd t/as Inscope Building Technologies v Gregory [2010] NSWSC 1205 Category: Procedural rulings Parties: GEMI 169 Pty Ltd (First Plaintiff) GI 214 Pty Ltd (Second Plaintiff) Suria Global (L) Pty Ltd (First Defendant) John Ata Alan Lutui (Second Defendant) F & L Violi Pty Ltd (Third Defendant) Frank Paul Violi (also known as Francesco Paul Violi) (Fourth Defendant) Fred David (Fifth Defendant) Jason La Rocca (Sixth Defendant) Pacific Carbon Group Pty Ltd (Seventh Defendant) Representation: Counsel: H Somerville and D Meyerowitz-Katz (Plaintiff) Solicitors: Summer Lawyers (Plaintiff) File Number(s): 2022/181916 Publication restriction: No

Judgment

Summary 1. This judgment relates to an application for search orders by GEMI 169 Pty Ltd and GI 214 Pty Ltd (together referred to as "the plaintiffs") that I heard ex parte in the Duty List. For reasons unnecessary to detail in this judgment, no transcript for a large part of the hearing is available. In light of this, the plaintiffs have asked for reasons as to why the Court granted their application. 2. The plaintiffs are GEMI 169 Pty Ltd (GEMI 169) and GI 214 Pty Ltd (GI 214). 3. There are seven defendants: 1. Suria Global (L) Pty Ltd (Suria Global); 2. John Ata Alan Lutui (John Lutui); 3. F & L Violi Pty Ltd (F & L Violi); 4. Frank Paul Violi (Frank Violi); 5. Fred David; 6. Jason La Rocca; 7. Pacific Carbon Group Pty Ltd (Pacific Carbon Group). 1. The application arises out of allegations of fraud in relation to two loans together now exceeding $40 milllion advanced by the plaintiffs to Suria Global. 2. John Lutui and F & L Violi were guarantors of the loans. 3. John Lutui is the sole director and company secretary of Suria Global. He is also the sole director, company secretary and shareholder of Pacific Carbon Group. 4. Frank Violi is the sole director and shareholder of F & L Violi. 5. Jason La Rocca is an associate of Frank Violi who is alleged to have assisted in the procurement of the loans. 6. The search orders have been granted in respect of six premises located in NSW. The properties are: 1. Lawler Street, Panania. This is the residence of John Lutui. 2. Mallinson Road, Lake Wyangan. This is the residence of Frank Violi. 3. Barker Road, Strathfield. This is Fred David's home residence. 4. Harris Street, Fairfield. This is the work premises of David Legal, of which Fred David is a principal. 5. Oakes Road, Griffith. This is the residence of Jason La Rocca. 6. Yambil Street, Griffith. This property was the subject of two mortgages discussed below at [16] and [21]. F & L Violi is the registered proprietor of that property. 1. The orders also include any vehicles on the premises under the defendants' control and any relevant documents. 2. The orders made in relation to John Lutui, Frank Violi, Fred David and Jason La Rocca (i.e. the second, fourth, fifth and sixth defendants) authorise searches of any electronic devices such as computers, mobile phones, hard drives, servers, tablets or other electronic devices on which relevant documents may be stored. 3. The plaintiffs were represented at the hearing by Mr H Somerville of Counsel with Mr D Meyerwitz-Katz of Counsel.