Tan v King [2023] NSWSC 1035

Supreme Court New South Wales

Medium Neutral Citation: Tan v King [2023] NSWSC 1035 Hearing dates: 24 August 2023 Date of orders: 24 August 2023 Decision date: 24 August 2023 Jurisdiction: Equity - Commercial List Before: Stevenson J Decision: First defendant required to give evidence on the basis of the Court giving of a certificate under s 128 of the Evidence Act 1995 (NSW) in answer to interrogatories administered in aid of freezing order notwithstanding the fact that those answers may tend to prove commission of offences; order pursuant to s 7 of the Court Suppression and Non-publication Orders Act 2010 (NSW) that up to 5pm on 8 September 2023 the evidence given by the first defendant on 24 August 2023 not be published Catchwords: EVIDENCE – privileges – self-incrimination privilege – whether certificate should be granted under s 128 or s 128A of the Evidence Act 1995 (NSW) – answers to interrogatories in aid of the freezing order – where respondent to interrogatories objects under s 128A of the Evidence Act 1995 (NSW) to answering on basis answers may tend to prove he has committed an offence under an Australian law – where certificate granted under s 128A of the Evidence Act 1995 (NSW) would not protect witness in proceedings in the Federal Court of Australia – where necessary for witness laboriously to give evidence to the effect of the answers given in interrogatories in order instead to gain protection of certificate under s 128 of the Evidence Act 1995 (NSW) Legislation Cited: Court Suppression and Non-publication Orders Act 2010 (NSW) Evidence Act 1995 (Cth) Evidence Act 1995 (NSW) Evidence Regulations 2018 (Cth) Cases Cited: Deputy Commissioner of Taxation v Shi (2021) 273 CLR 235; [2021] HCA 22 Category: Procedural rulings Parties: Eng Liang Tan (First Plaintiff) Mary Tristyani Juwono (Second Plaintiff) Kylaco Pty Ltd (Third Plaintiff) Tiberias 96 Pty Ltd (Fourth Plaintiff) Barry David King (First Defendant) Total Financial Solutions Australia Limited (Second Defendant) Wealth Effect Advisory Pty Ltd (Third Defendant) Donbar Investments Pty Ltd (Fourth Defendant) King Financial Group (NSW) Pty Ltd (Fifth Defendant) Bonnie Ellen King (Sixth Defendant) Representation: Counsel: J Hutton SC with A Byrne (Plaintiffs) N Kirby (First Defendant)