Tan v King (No 2) [2023] NSWSC 1616

Supreme Court New South Wales

Medium Neutral Citation: Tan v King (No 2) [2023] NSWSC 1616 Hearing dates: 7 December 2023 Date of orders: 7 December 2023 Decision date: 07 December 2023 Jurisdiction: Equity - Commercial List Before: Rees J Decision: Subpoenaed party ordered to produce. Catchwords: CIVIL PROCEDURE — subpoena to produce — seeks Court documents from Victorian proceedings — consent orders made on settlement of Victorian proceedings — whether order was under r 28.05 Supreme Court (General Civil Procedure) Rules 2015 (Vic) or Open Courts Act 2013 (Vic) — not a suppression order — order under r 28.05 limits access to non-parties to files in registry — does not absolve party in possession of documents which happen to be on the court file from compliance with subpoena. Legislation Cited: Open Courts Act 2013 (Vic) Supreme Court (General Civil Procedure) Rules 2015 (Vic) Cases Cited: Harman v Secretary of State for the Home Department [1983] 1 AC 280 Category: Procedural rulings Parties: Eng Liang Tan (First Plaintiff/ First Applicant) Mary Juwono (Second Plaintiff/ Second Applicant) Kylaco Pty Ltd (Third Plaintiff/ Third Applicant) Tiberias 96 Pty Ltd (Fourth Plaintiff/ Fourth Applicant) Barry King (First Defendant/ First Respondent) Total Financial Solutions Australia Pty Ltd (ACN 003 771 579) (Second Defendant/ Second Respondent) Wealth Advisory Pty Ltd (Third Defendant/ Third Respondent) Donbar Investments Pty Ltd (Fourth Defendant/ Fourth Respondent) King Financial Group (NSW) Pty Ltd (Fifth Defendant/ Fifth Respondent) Bonnie King (Sixth Defendant/ Sixth Respondent) Madgwicks Services Pty Ltd (Subpoena Recipient) Representation: Counsel: Mr J Hutton SC / Mr A Byrne (Plaintiffs) Mr N Kirby (Defendants and Subpoena Recipient, Madgwicks Services Pty Ltd)