In the matter of Riva NSW Proprietary Limited [2016] NSWSC 1954

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Riva NSW Proprietary Limited [2016] NSWSC 1954 Hearing dates: Friday, 27 May 2016 Date of orders: 27 May 2016 Decision date: 27 May 2016 Jurisdiction: Equity - Corporations List Before: Brereton J Decision: (1) Time for compliance with the subpoena issued by the plaintiff on 11 April 2016 be extended to 3 June 2016 and the subpoena be returnable in the Registrar's Subpoenas List on that day. (2) The plaintiff not be entitled to rely, at the substantive hearing, on any affidavit evidence that has not been served by 10 June 2016. (3) The defendant not be entitled to rely on any affidavit evidence that has not been served by 24 June 2016. (4) The proceedings be adjourned to 27 June 2016 at 10am in the Corporations Judge Directions List. Catchwords: PROCEDURE – setting aside of subpoena for production of documents – where in previous proceedings Court ordered that no fresh proceedings be commenced on same causes of action without leave of court – where alleged that subpoena sought to elicit evidence to establish offsetting claim – whether by reason of previous Court orders, the offsetting claim is not maintainable Legislation Cited: (CTH) Corporations Act, s 459E, s 459G, s 459H. s 459M Cases Cited: BBB Constructions Pty Ltd v Frankipile Australia Pty Ltd [2008] NSWSC 982; (2008) 68 ACSR Hopetoun Kembla Investments Pty Ltd v JPR Legal Pty Ltd [2011] NSWSC 1343; (2011) 87 ACSR 1 Intag Microelectronics Pty Ltd v AWA Ltd (1995) 18 ACSR 284 Maniotis v Valimi Pty Ltd [2002] VSCA 91; (2002) 4 VR 386 Noroton Holdings Pty Ltd v Sydney Land Corporation Pty Ltd [1999] NSWSC 192 Riva NSW Pty Ltd v Key Nominees Pty Ltd [2014] NSWCA 381 Virgtel Ltd v Zabusky [2009] QCA 92; (2009) 2 Qd R 293 Statewide Developments Realty Pty Ltd, Re [2016] NSWSC 154 Category: Procedural and other rulings Parties: Riva NSW Pty Limited ACN 113 881 815 (plaintiff) Key Nominees Pty Limited ACN 001 081 661 (defendant) Representation: Counsel: R K Newton (plaintiff) R A Parsons (defendant/applicant)