Grace v Grace (No 10); In the matter of Phoenix Rising Investments Pty Limited (ACN 123 623 754) [2014] NSWSC 1538

Supreme Court New South Wales

Medium Neutral Citation: Grace v Grace (No 10); In the matter of Phoenix Rising Investments Pty Limited (ACN 123 623 754) [2014] NSWSC 1538 Hearing dates: Tuesday, 4 November 2014 Date of orders: 04 November 2014 Decision date: 04 November 2014 Jurisdiction: Equity Division Before: Brereton J Decision: Notice to Produce addressed to the second defendant dated 16 October 2014 set aside; Subpoena to produce to American Express Australia Limited issued on 28 October 2014 set aside; Subpoena to produce to Diners Club Limited issued 28 October 2014 set aside; The subpoena to produce to Australian New Zealand Banking Group Limited issued on 28 October 2014 be set aside; and Plaintiff to pay the second defendant's costs of the interlocutory process. Catchwords: PROCEDURE – disclosure – documents – application to set aside notice to produce and subpoenae for production – whether disclosure sought necessary – whether disclosure sought premature – necessity and relevance of documents sought Cases Cited: Grace v Grace (No 8) [2014] NSWSC 409 Category: Procedural and other rulings Parties: David Alexander Grace (plaintiff) Deborah Sharon Grace (first defendant) Julienne Grace (second defendant/applicant) Nevilda Holdings Pty Ltd (third defendant) Nevilda Investments Pty Ltd (fourth defendant) Dutchie Pty Ltd (sixth defendant) Phoenix Rising Investments Pty Ltd (seventh defendant) Representation: Counsel: Mr D L Williams SC (plaintiff) Mr D Stewart (first, second, seventh defendants/applicant)