Western Freight Management Pty Ltd v Hyde [2023] NSWSC 1247

Supreme Court New South Wales

Medium Neutral Citation: Western Freight Management Pty Ltd v Hyde [2023] NSWSC 1247 Hearing dates: 19 and 20 October 2023 Date of orders: 20 October 2023 Decision date: 20 October 2023 Jurisdiction: Equity - Duty List Before: Henry J Decision: Proceedings stayed pending final determination of criminal matters brought against the defendant subject to conditions. Catchwords: CIVIL PROCEDURE — Stay of proceedings — Concurrent civil and criminal proceedings — Same subject matter — Prejudice to defendant — Where factual issues in civil and criminal proceedings overlap — Where parties accept some form of stay should be granted — Whether conditions should apply in relation to the stay — Whether discovery and subpoena orders should be made Legislation Cited: Civil Procedure Act 2005 (NSW) Crimes Act 1900 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Australian Securities and Investments Commission v Australia and New Zealand Banking Group Ltd (2019) 138 ACSR 42; [2019] FCA 964 Broadway Plaza Investments Pty Ltd v Broadway Plaza Pty Ltd [2019] NSWSC 410 Gregg v Fairfax Media Publications Pty Ltd [2017] FCA 440 National Australia Bank Ltd v Human Group Pty Ltd [2019] NSWSC 1404 Re Plutus Payroll Australia Pty Ltd [2017] NSWSC 1854 Category: Procedural rulings Parties: Western Freight Management Pty Ltd (Plaintiff) Katherine Maree Hyde (Defendant) Representation: Counsel: J J Young (Plaintiff) J D Cook (Defendant)