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 2075

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 2075 Hearing dates: 22 July 2015 Date of orders: 22 July 2015 Decision date: 22 July 2015 Jurisdiction: Equity - Corporations List Before: Brereton J Decision: Interlocutory process dismissed; time for compliance with notices to produce extended. Catchwords: PROCEDURE – notices to produce – application to set aside – whether notice complies with (NSW) Uniform Civil Procedure Rules 2005, r 34.1 – whether notice is impermissibly in nature of discovery – whether notice issued for legitimate forensic purpose – not limited to necessity of documents sought – oppression – whether notices cast undue burden on defendant in identifying documents. Legislation Cited: (NSW) Uniform Civil Procedure Rules 2005, r 34.1 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)

In proceedings 2015/155286: The Owners – Strata Plan No 74602 (plaintiff) Eastmark Holdings Pty Limited (receivers and managers appointed) (subject to a deed of company arrangement) (ACN 003 921 953) (first defendant) 1 Denison Street Holdings Pty Limited (receivers and managers appointed) (subject to a deed of company arrangement) (ACN 156 399 727) (second defendant) Absolute Investment Opportunity II Limited (ACN 160 726 358) (third defendant) Secured Asia Pacific Limited (ACN 158 527 130) (fourth defendant) Philip Patrick Carter (fifth defendant) Marcus William Ayres (sixth defendant) Representation: Counsel: T E O'Brien (plaintiff) A Whitby (solicitor) (first and second defendants) J Burnett (third and fourth defendants)