In the matter of Eastmark Holdings Pty Limited (receivers and managers appointed) and 1 Denison Street Holdings Pty Ltd (receivers and managers appointed; In the matter of Eastmark Holdings Pty Limited (receivers and managers appointed) (subject to a deed of company arrangement) & ors [2015] NSWSC 2070

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Eastmark Holdings Pty Limited (receivers and managers appointed) and 1 Denison Street Holdings Pty Ltd (receivers and managers appointed; In the matter of Eastmark Holdings Pty Limited (receivers and managers appointed) (subject to a deed of company arrangement) & ors [2015] NSWSC 2070 Hearing dates: 25 June 2015 Date of orders: 25 June 2015 Decision date: 25 June 2015 Jurisdiction: Equity - Corporations List Before: Brereton J Decision: Notice to produce set aside; interlocutory processes dismissed. Catchwords: PROCEDURE – disclosure – notice to produce – application to set aside notices to produce – substantive application to terminate deed of company arrangement – where applicant entitled to adduce evidence not only to prove grounds for termination but also relevant to exercise of discretion – test of relevance – sufficient that it is "on the cards" that documents sought in some way add to available evidence – strength of defence does not bear on question of relevance – Practice Note SC Eq 11 – early production warranted by practical considerations – validity of notice under (NSW) Uniform Civil Procedure Rules 2005, r 34.1 – lack of specificity. Legislation Cited: (CTH) Corporations Act 2001, s 439A, s 445D (NSW) Evidence Act 1995 (NSW) Uniform Civil Procedure Rules 2005, r 34.1 Texts Cited: Practice Note SC Eq 11 Category: Procedural and other rulings Parties: In proceedings 2015/22409: The Owners Corporation of Strata Plan 74602 (plaintiff) Eastmark Holdings Pty Limited (receivers and managers appointed) (ACN 003 921 953) (first defendant) 1 Denison Street Holdings Pty Limited (receivers and managers appointed) (ACN 156 399 727) (second defendant)