GEMI 169 Pty Ltd v Suria Global (L) Pty Ltd (No 3) [2023] NSWSC 775

Supreme Court New South Wales

Medium Neutral Citation: GEMI 169 Pty Ltd v Suria Global (L) Pty Ltd (No 3) [2023] NSWSC 775 Hearing dates: On the papers; submissions received 28 June and 3 July 2023 Date of orders: 05 July 2023 Decision date: 05 July 2023 Jurisdiction: Equity - Commercial List Before: Stevenson J Decision: Examinee to pay the costs of the plaintiffs' notice of motion of 12 December 2022, save for the costs of the examinee's attendance at the examination and the costs of the examination itself Catchwords: COSTS – examination pursuant to s 68 of the Civil Procedure Act 2005 concerning compliance with a subpoena – whether the examinee should pay the costs of the motion seeking examination Legislation Cited: Civil Procedure Act 2005 (NSW) Cases Cited: GEMI 169 Pty Ltd v Suria Global (L) Pty Ltd (No 2) [2023] NSWSC 427 Category: Costs Parties: GEMI 169 Pty Ltd (First Plaintiff/First Applicant) GI 214 Pty Ltd (Second Plaintiff/Second Applicant) 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) PJA Accountants & Business Advisors (Respondent) Peter Jess (Respondent Examinee) Representation: Counsel: H W Somerville and D Meyerowitz-Katz (Plaintiffs/Applicants) S J A Speirs (Third and Fourth Defendants) D A Priestley SC (Respondent Examinee)