MWP Transport Pty Limited v Michael Thomas Kent [2018] NSWSC 524

Supreme Court New South Wales

Medium Neutral Citation: MWP Transport Pty Limited v Michael Thomas Kent [2018] NSWSC 524 Hearing dates: 20/04/2018 Date of orders: 20 April 2018 Decision date: 20 April 2018 Jurisdiction: Equity - Commercial List Before: McDougall J Decision: Dismiss First Defendant's application for a stay. Catchwords: PROCEDURE – application for stay – concurrent civil and criminal proceedings – where plaintiffs in civil proceedings have not yet filed evidence – no prejudice to first defendant if evidence is permitted to be filed – prejudice to plaintiffs' if stay granted – application for stay premature – application dismissed. Legislation Cited: Civil Procedure Act 2005 (NSW) Crimes Act 1900 (NSW) Cases Cited: Commissioner of the Australian Federal Police v Zhao (2015) 255 CLR 46 McMahon v Gould (1982) 7 ACLR 202 Niven v SS [2006] NSWCA 338 Reid v Howard (1995) 184 CLR 1 Category: Procedural and other rulings Parties: MWP Transport Pty Ltd (First Plaintiff) MWP Australia Pty Ltd (Second Plaintiff) FRHP Holdings Pty Ltd (Third Plaintiff) Michael Thomas Kent (First Defendant) Christine Poynton-Kent (Second Defendant) Deduce Financials Pty Ltd (Third Defendant) Kent Investment Holdings Pty Ltd (Fourth Defendant) MCKRF Pty Ltd (Fifth Defendant) Deduce Superannuation Pty Ltd (Sixth Defendant) Representation: Counsel: J Hynes (Plaintiffs) K Madgwick (First, Third, Fourth and Sixth Defendants) I R Coleman SC (Second and Fifth Defendants)