In the matter of Beechworth Land Estates Pty Ltd (admins apptd) and Griffith Estates Pty Ltd (admins apptd) [2014] NSWSC 1743

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Beechworth Land Estates Pty Ltd (admins apptd) and Griffith Estates Pty Ltd (admins apptd) [2014] NSWSC 1743 Hearing dates: 1 December 2014 Decision date: 01 December 2014 Jurisdiction: Equity Division - Corporations List Before: Black J Decision: Order made for dismissal of interlocutory process with costs. Parties granted access to documents produced by the Office of the Director of Public Prosecutions on subpoena, subject to any claim of privilege or public interest immunity by that entity. Catchwords: PROCEDURE - subpoenas - application for subpoena to be set aside - where subpoena issued seeking production of documents to impugn credit of witness - whether subpoena issued for legitimate forensic purpose - whether subpoena should be set aside. Legislation Cited: - Evidence Act 1995 (NSW) s 135 Cases Cited: - Aqua-Marine Marketing Pty Ltd v Pacific Reef Fisheries (Australia) Pty Ltd (No 3) [2011] FCA 519 - Ballard v Multiplex Ltd [2010] NSWSC 1038 - Brand v Digi-Tech (Australia) Ltd [2001] NSWSC 425 - Fried v National Australia Bank Ltd [2000] FCA 911; (2000) 175 ALR 194 - Jack Brabham Engines Ltd v Beare [2010] FCA 35 - Liristis v Gadelrabb [2009] NSWSC 441 - Thomas v SMP (International) Pty Ltd (No 2) [2010] NSWSC 870 Category: Interlocutory applications Parties: James Photios (First Plaintiff) Perri Investments No 3 Pty Ltd (Second Plaintiff) James Edward Spencer (Third Plaintiff) Cleary Corporation Pty Ltd (Fourth Plaintiff) Redhill Estate Developments Pty Ltd (Fifth Plaintiff) First Debenture Ltd (Sixth Plaintiff) Neil Robert Cussen and Ezio Marco Senatore in their capacity as joint and several administrators of Beechworth Land Estates Pty Ltd (administrators appointed) (First Defendants) Beechworth Land Estates Pty Ltd (administrators appointed) (Second Defendant) Neil Robert Cussen and Ezio Marco Senatore in their capacity as joint and several administrators of Griffith Estates Pty Ltd (administrators appointed) (Third Defendants) Griffith Estates Pty Ltd (administrators appointed) (Fourth Defendant) Vangory Holdings Pty Ltd (Fifth Defendant) Vangory Services Pty Ltd (Sixth Defendant) Representation: Counsel: R Glasson (Plaintiffs) T Orlizki (sol) (Fifth - Sixth Defendants) Solicitors: O'Neill Partners (Plaintiffs) Kent Attorneys (Fifth - Sixth Defendants) File Number(s): 2014/229138