In the matter of Stone Cliff Pty Ltd (deregistered) and others [2017] NSWSC 918

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Stone Cliff Pty Ltd (deregistered) and others [2017] NSWSC 918 Hearing dates: 8 May 2017 Decision date: 08 May 2017 Jurisdiction: Equity - Corporations List Before: Black J Decision: Set aside paragraph 3 of the notice to produce dated 2 March 2017 and order that the First Defendant pay the costs of the hearing. Catchwords: CIVIL PROCEDURE — Notices to produce — Before hearing — Relevant to a fact in issue – Application to set aside notice to produce – where notice to produce unnecessary to prove facts in issue and relevant only to allegations that have not been made Legislation Cited: - Corporations Act 2001 (Cth), s 536 - Uniform Civil Procedure Rules 2005 (NSW), r 34.1 Cases Cited: - Herron v McGregor (1986) 6 NSWLR 246 - Kaboko Mining Ltd v Van Heerden [2016] FCA 1532 - Portal Software International Pty Ltd v Bodsworth [2005] NSWSC 1115 - Re Gault; Gault v Law (1981) 57 FLR 165 - Re North Coast Transit Pty Ltd [2013] NSWSC 1912 - Singtel Optus Pty Ltd v Weston [2010] NSWSC 1491 Category: Procedural and other rulings Parties: Australian Securities and Investments Commission (Plaintiff) Andrew Hugh Jenner Wily (First Defendant) David Anthony Hurst (Second Defendant) Representation: Counsel: J Shepard (Applicant/Plaintiff) F Assaf (Respondent/First Defendant)

Solicitors: Australian Securities and Investments Commission (Applicant/Plaintiff) Squire Patton Boggs (Respondent/First Defendant) File Number(s): 2016/376076