Corry v NHB Enterprises Pty Limited [2022] NSWCA 280

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Corry v NHB Enterprises Pty Limited [2022] NSWCA 280 Hearing dates: 5 October 2022 Date of orders: 19 December 2022 Decision date: 19 December 2022 Before: Simpson AJA Decision: (1) Amended Notice of Motion filed on 12 September 2022 dismissed; (2) The applicant (Alexander Stephen Corry) pay the respondents costs of the Amended Notice of Motion. Catchwords: APPEALS — Procedural fairness — Hearing rule — where applicant alleged failure to disclose evidence which was central to findings of contempt — whether legitimate forensic purpose could be demonstrated in seeking leave to issue a subpoena Legislation Cited: Corporations Act 2001 (Cth) Supreme Court Act 1970 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Hamzy v Commissioner of Corrective Services (No 1) [2017] NSWSC 183 NHB Enterprises Pty Ltd v Corry (No 7) [2021] NSWSC 741 NHB Enterprises Pty Ltd v Corry (No 8) [2022] NSWSC 97 NHB Enterprises Pty Ltd v Corry (No 2) [2020] NSWSC 272 Samootin v Shea [2002] NSWCA 115; Secretary of the Department of Planning, Industry and Environment v Blacktown City Council [2021] NSWCA 145 Category: Principal judgment Parties: Alexander Corry (1st Applicant) Boriana Corry (2nd Applicant) NHB Enterprises Pty Limited (1st Respondent) Finn Pharmaceuticals Trust Pty Ltd (2nd Respondent) Representation: Counsel: Applicant self represented T Senior (Respondents)