Richard Albarran in his capacity as liquidator of Krisnic Nominees Pty Ltd (in Liquidation) (ACN 634 372 437) v Kristofer Wczesniak [2024] NSWSC 487

Supreme Court New South Wales

Medium Neutral Citation: Richard Albarran in his capacity as liquidator of Krisnic Nominees Pty Ltd (in Liquidation) (ACN 634 372 437) v Kristofer Wczesniak [2024] NSWSC 487 Hearing dates: 24 April 2024 Date of orders: 24 April 2024 Decision date: 30 April 2024 Jurisdiction: Equity - Duty List Before: Pike J Decision: First and third defendants ordered to attend court to be examined. Catchwords: PRACTICE AND PROCEDURE – enforcement of subpoenas – where no response to subpoenas – where plaintiffs seek orders pursuant to Civil Procedure Act 2005 (NSW) ss 68 and 108 for examination – whether appropriate for Court to exercise its discretion to order an examination Legislation Cited: Civil Procedure Act 2005 (NSW) Corporations Act 2001 (Cth) Cases Cited: Austress Freyssinet Pty Ltd v Kowalski [2007] NSWSC 1105 GEMI 169 Pty Ltd v Suria Global (L) Pty Ltd (No 2) [2023] NSWSC 427 Hexiva Pty Ltd v Lederer [2006] NSWSC 561 Quach v Vu [2009] NSWSC 131 Texts Cited: Nil Category: Procedural rulings Parties: Richard Albarran in his capacity as liquidator of Krisnic Nominees Pty Ltd (in Liquidation) (ACN 634 372 437) (First Plaintiff) Kathleen Vouris in her capacity as liquidator of Krisnic Nominees Pty Ltd (in Liquidation) (ACN 634 372 437) (Second Plaintiff) Krisnic Nominees Pty Ltd (in Liquidation) (ACN 634 372 437) (Third Plaintiff) Kristofer Wczesniak (First Defendant) TREG Nominees Pty Ltd (Second Defendant) Nichole Hilder (Third Defendant) Representation: Counsel: R D Turnbull (Plaintiffs)