In the matter of Flow Tech Australia Pty Limited [2013] NSWSC 1226

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Flow Tech Australia Pty Limited [2013] NSWSC 1226 Hearing dates: Monday 22 July 2013 Decision date: 22 July 2013 Jurisdiction: Equity Division - Corporations List Before: Brereton J Decision: 1. On the first, second and third defendants' motion filed 2 July 2013, order pursuant to UCPR r21.11 that the first defendant need not produce for inspection the documents referred to in the plaintiff's Notice to Produce of 17 May 2013 2. On the plaintiff's amended interlocutory process filed 10 July 2013, order that the defendants produce for inspection by the plaintiff and his duly authorised agents: a) by noon on 23 July 2013 a print out, photocopy, or readable electronic copy of the MYOB ledger, accounts journals, profit & loss accounts, and cash flow statements for the period 1 July 2011 to date in respect of the first defendant b) by noon 24 July 2013: i. the originals or photocopies of the first defendant's cheque book stubs or equivalent for the period 1 July 2011 to date; ii. originals or copies of statements of account for bank accounts operated by the second defendant, the third defendant, M&A Hockley Investments P/L, C&K Investments P/L & Flowtech Australia P/L for the period 1 July 2012 to date; and iii. original or copy ATO running account statements for the first defendant for the financial years ending 30 June 2011, 30 June 2012 and the current financial year, and the first defendant's Business Activity Statements for the last two quarters for the year ending 30 June 2013 3. Otherwise dismiss the Amended Interlocutory Process 4. No order as to costs to the intent that each party bear its own costs of the motions Catchwords: PRACTICE & PROCEDURE - notice to produce - production pursuant to notice incomplete - plaintiff seeks court order for production of documents - whether notice to produce was oppressive - where documents would amount to over 100,000 pages - where confidentiality asserted - evidence does not support claim for confidentiality - where documents sought significantly predate relevant conduct - CORPORATIONS - applicant seeking orders pursuant to Corporations Act, s 1303 - whether order for production of all company's books would be oppressive Legislation Cited: (NSW) Civil Procedure Act 2005, s 65, s 68 (Cth) Corporations Act 2001, s 9, s 198F, s 1303 (NSW) Uniform Civil Procedure Rules 2005, r 21.11 Category: Interlocutory applications Parties: David McGill (plaintiff) Flow Tech Australia Pty Ltd (first defendant) Christopher Peter Jaques (second defendant) Michael Shaun Hockley (third defendant) Representation: Counsel: Mr D Allen (plaintiffs) Mr M Sneddon w Mr K Tang (defendants) Solicitors: Dib Lawyers (plaintiff) McKells Solicitors (defendants) File Number(s): 2012/ 390359