McMillan Investment Holdings Pty Ltd v Mangos [2022] NSWSC 1399

Supreme Court New South Wales

Medium Neutral Citation: McMillan Investment Holdings Pty Ltd v Mangos [2022] NSWSC 1399 Hearing dates: 25 August 2022 Date of orders: 18 October 2022 Decision date: 18 October 2022 Jurisdiction: Common Law Before: Harrison AsJ Decision: (1) The notice of motion filed 28 March 2019 is dismissed. (2) The documents in answer to the disputed paragraphs of the subpoena should be produced to the Court in 14 days. The disputed paragraphs are: (a) Paragraph 1 of the schedule of the subpoenas addressed to Julie McMillan and Ian McMillan, DJ Advisory and Mr Warner (the receiver) and manager of SAP and SAM dated 20 March 2019. (b) Paragraphs [3](d) and [5] of the subpoena addressed to Print Warehouse dated 22 March 2019. (3) The plaintiff is to pay the defendants costs. Catchwords: CIVIL PROCEDURE — Subpoenas — Application to set aside Legislation Cited: Corporations Act 2001 (Cth) s 420A Evidence Act 1995 (NSW) Personal Property Securities Act 2009 (Cth) Uniform Civil Procedure Rules 2005 (NSW) r 33.4 Cases Cited: Attorney-General (NSW) v Chidgey (2008) 182 A Crim R 536; [2008] NSWCCA 65 Botany Bay Instrumentation & Control Pty Ltd v Stewart [1984] 3 NSWLR 98 Carroll v The Attorney-General for New South Wales (1993) 70 A Crim R 162 Carter v Hayes (1994) 61 SASR 451; (1994) 72 A Crim R 387 ICAP Australia Pty Ltd v BGC Partners (Australia) Pty Ltd [2009] NSWCA 307 ICAP Pty Ltd v Moebes [2009] NSWSC 306 McMillan Investment Holdings Pty Ltd v Mangos [2021] NSWSC 37 Secretary of the Department of Planning, Industry and Environment v Blacktown City Council [2021] NSWCA 145 Secretary of the Department of Planning, Industry and Environment v Blacktown City Council [2021] NSWCA 145 Category: Procedural rulings Parties: McMillan Investment Holdings Pty Ltd (Plaintiff) John Mangos (First Defendant) Natalie Mangos (Second Defendant) Christopher Wallace (Third Defendant) Representation: Counsel: J Svehla (Plaintiff) A Fernon SC (First Defendant/Second Defendant)