In the matter of Belinda International Pty Ltd (Subject to Deed of Company Arrangement) ACN 055 392 777 (No 2) [2011] NSWSC 1420

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Belinda International Pty Ltd (Subject to Deed of Company Arrangement) ACN 055 392 777 (No 2) [2011] NSWSC 1420 Hearing dates: 21 November 2011 Decision date: 25 November 2011 Jurisdiction: Equity Division - Corporations List Before: Ball J Decision: (1) The subpoena to produce issued on 24 October 2011 to Jacqueline Yencken be set aside; (2) The subpoena to produce issued on 26 October 2011 to RBK Partners Pty Ltd be set aside; (3) The plaintiff pay the first defendant's costs of the amended interlocutory process filed on 11 November 2011. Catchwords: PROCEDURE - civil - subpoena - application to set aside - subpoenaed material not relevant to pleaded case Legislation Cited: Corporations Act 2001 (Cth) Cases Cited: In the matter of Belinda International Pty Ltd (Subject to Deed of Company Arrangement) ACN 055 392 777 [2011] NSWSC 1283 Portal Software International Pty Ltd v Bodsworth [2005] NSWSC 1115 Category: Procedural and other rulings Parties: Gordon Devin (Plaintiff) Belinda International Pty Ltd (Subject to Deed of Company Arrangement) ACN 055 392 777 (First Defendant) Adam Shepard in his capacity as Deed Administrator of Belinda International Pty Ltd (Subject to Deed of Company Arrangement) ACN 055 392 777 (Second Defendant) Adam Farnsworth in his capacity as Deed Administrator of Belinda International Pty Ltd (Subject to Deed of Company Arrangement) ACN 055 392 777 (Third Defendant) Representation: Mr D R Sulan (Plaintiff) Mr M Rosenblatt (First Defendant) Watson Mangioni Lawyers (Plaintiff) Somerset Ryckmans (First Defendant) File Number(s): 2011/311585