In the matter of Recycling Holdings Pty Ltd (in liquidation) (deed administrator appointed) ACN 123 236 573 (No 2) [2015] NSWSC 2016

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Recycling Holdings Pty Ltd (in liquidation) (deed administrator appointed) ACN 123 236 573 (No 2) [2015] NSWSC 2016 Hearing dates: 13 March 2015 Date of orders: 13 March 2015 Decision date: 13 March 2015 Jurisdiction: Equity Before: Brereton J Decision: Second respondent to attend court to be examined in respect of compliance with the notice to produce dated 22 December 2014. Catchwords: PROCEDURE – notice to produce – where failure to comply with notice to produce – where allegedly no documents to be produced – where objectively unlikely that there are no such documents. Legislation Cited: (NSW) Civil Procedure Act 2005, s 68 Cases Cited: Trade Practices Commission v Arnotts Ltd (No 5) (1990) 21 FCR 324 Category: Procedural and other rulings Parties: Salmat Limited ACN 002 724 638 (first plaintiff/first respondent) Salmat Mediaforce Pty Limited ACN 001 702 129 (second plaintiff/second respondent) Fuji Xerox Businessforce Pty Limited ACN 137 933 905 Recycling Holdings Pty Ltd (in liquidation) (deed administrator appointed) ACN 123 236 573 (first defendant) Philip Raymond Hosking and David Anthony Hurst in their capacities as deed administrators of Recycling Holdings Pty Ltd (in liquidation) (deed administrator appointed) ACN 123 236 573 (second defendants) Jason Kenneth Ryan (third defendant/first applicant) Front Foot Project Funding Pty Limited ACN 601 976 346 (fourth defendant/second applicant) Representation: Counsel: A Henskens SC w S A Wells (plaintiffs/respondents) D L Cook (third & fourth defendant/applicants) C Alexander (interested party)