Gazal v Setiawan & Anor [2024] NSWSC 1046

Supreme Court New South Wales

Medium Neutral Citation: Gazal v Setiawan & Anor [2024] NSWSC 1046 Hearing dates: 14 February 2024 Date of orders: 20 August 2024 Decision date: 20 August 2024 Jurisdiction: Common Law Before: Rothman J Decision: (1) The Court dismisses the motion of the plaintiff, notice of which was filed on 4 July 2023 and amended by notice filed on 18 October 2023. (2) The Court sets aside the subpoena issued to Francom Legal Pty Ltd issued by the plaintiff. (3) The Court varies clause 10(b) of the freezing order issued by Yehia J in these proceedings by deleting the sum of "$30,000.00" and inserting in lieu thereof the sum of "$250,000.00". (4) The Court orders that each party give general discovery within 10 days of the date of this order. (5) Costs of the motions will be costs in the cause. (6) Pursuant to the earlier reasons delivered today ex tempore, order 4 above is stayed until further order of the court. Catchwords: CIVIL PROCEDURE – Discovery – order for general discovery – no appointment of referee CIVIL PROCEDURE – Subpoenas – cost of compliance with subpoenas – power to disallow certain costs CIVIL PROCEDURE – Freezing order – variation of freezing orders Legislation Cited: Civil Procedure Act 2005 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Anton Piller KG v Manufacturing Processes Ltd [1976] Gazal v Setiawan [2023] NSW SC 923 Re Dovico; Ex Parte Mayne Wetherall [2012] NSWSC 822 Franklins Pty Ltd v Endeavour Holdings Pty Ltd [2013] NSW SC 1204 Category: Procedural rulings Parties: Nahi Nasri Gazal (Plaintiff) Fransisca Setiawan (First Defendant) Oezlem Topaloglu (Second Defendant) Representation: Counsel: M K Condon SC with D H Southwood (Plaintiff) P Afshar with P Wiggins (First and Second Defendants)