In the matter of Liquor National Pty Ltd ACN 100 586 776 (receivers and managers appointed) [2013] NSWSC 1743

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Liquor National Pty Ltd ACN 100 586 776 (receivers and managers appointed) [2013] NSWSC 1743 Hearing dates: 23 September 2013 Decision date: 23 September 2013 Jurisdiction: Equity Division - Corporations List Before: Brereton J Decision: Order for production made. Catchwords: PROCEDURE - Plaintiff sought order first defendant deliver up books and records - orders for substituted service made - first defendant failed to appear but provided medical certificate stating he is suffering from severe depressive disorder and is not currently fit to engage in any legal process - plaintiff sought to issue subpoenas to obtain additional evidence as to medical condition of first defendant because concerned first defendant incapable of managing his affairs so that appointment of tutor would be required for matter to proceed - instead of investigating medical condition of first defendant, where service in compliance with the orders for substituted service is established, more appropriate to make final orders which can be served on the first defendant with leave reserved to apply to set them aside. Cases Cited: John v John [1965] P 289 Category: Interlocutory applications Parties: Neil Robert Cussen and Vaughan Neil Strawbridge (plaintiffs) David Anthony James (first defendant) Murray James (second defendant) Representation: Counsel: N M Bender (plaintiffs) D A Allen (second defendant) Solicitors: Kemp Strang (plaintiffs) File Number(s): 2013/277577