NSW Caselaw
New South Wales Supreme Court
CITATION : Ballard v Multiplex Limited [2010] NSWSC 1038
HEARING DATE(S) : 8 September 2010
JUDGMENT DATE : 13 September 2010
JUDGMENT OF : Smart AJ
DECISION : Subpoena to ASIC set aside. Costs of ASIC of setting aside subpoena to be paid by First and Second Defendants.
CATCHWORDS : CONSTRUCTION - setting aside subpoena to ASIC to produce reasons and orders for disqualification from managing corporations for 18 months of important witness and transcript of his hearing before ASIC - no apparent connection between subject matter before ASIC and evidence sought to be adduced in Plaintiff's action - documents sought as relevant to credit
LEGISLATION CITED : Australian Securities and Investments Commission Act 2001 (Cth) Corporations Act 2001
CATEGORY : Procedural and other rulings
Fried v National Australia Bank Ltd [2000] FCA 911 CASES CITED : Liristis v Gadelrabb [2009] NSWSC 441 Thomas v SMP (International) Pty Ltd (No 2) [2010] NSWSC 870
David Ballard (Plaintiff) Multiplex Limited (First Defendant) PARTIES : Multiplex Corporate Agency Pty Ltd (Second Defendant) Construction Forestry Mining and Energy Union (Third Defendant) Construction Forestry Mining and Energy Union, NSW Branch (Fourth Defendant) Andrew Ferguson (Fifth Defendant)
FILE NUMBER(S) : SC 2007/266587
K Stern (for ASIC) COUNSEL : AJL Bannon SC, JG Duncan & E Elbourne (Plaintiff) I Pike (with Dr A Bell SC) (First & Second Defendants) BC Oslington QC and JH Pearce (Third, Fourth &Fifth Defendants)
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate