Kaji Australia Pty Ltd v Glover (No. 3) [2018] NSWSC 906

Supreme Court New South Wales

Medium Neutral Citation: Kaji Australia Pty Ltd v Glover (No. 3) [2018] NSWSC 906 Hearing dates: 15 June 2018 Date of orders: 15 June 2018 Decision date: 15 June 2018 Jurisdiction: Common Law Before: Davies J Decision: 1. Westpac's Notice of Motion dated 1 June 2018 granted re subpoenas and otherwise dismissed. 2. Defendant/cross-claimant's Notice of Motion dated 31 May 2018 dismissed with no order as to costs. 3. Leave to defendant/cross-claimant to issue further subpoena as agreed in Short Minutes of Order dated 15 June 2018. 4. Each party to pay their own costs of Westpac's Notice of Motion dated 1 June 2018.

CONSENT ORDERS: 1. Subpoena to produce filed 4 October 2017 is set aside. 2. Paragraph 3(d) and 4 of the subpoena to produce dated 8 February 2018 is set aside. 3. Leave is granted to the defendant/cross-claimant to issue a fresh subpoena to produce to Westpac Banking Corporation seeking production of the following documents:

(i) any investigation undertaken by the Bank as to whether Mr Hanna issued any loan approvals to third parties without internal credit approval; (ii) any investigation undertaken by the Bank in relation to any misconduct by Mr Hanna involving transactions in connection with the fourth or fifth cross-defendant; and (iii) Any communications issued by the Bank to Mr Hanna which record the formal allegations of serious misconduct made by the Bank against him which led to his dismissal. Catchwords: PROCEDURE – costs – where matter settled – motions regarding subpoenas – each party to pay its own costs Legislation Cited: Nil Cases Cited: Re Minister for immigration and Ethnic Affairs; Exp Lai Qin (1997) 186 CLR 622 Texts Cited: Nil Category: Procedural and other rulings Parties: Johann Benson Glover (Defendant/Cross-Claimant) Westpac Banking Corporation (Applicant) Representation: Counsel: R Newell (Defendant/Cross-Claimant) D F Elliot (Westpac Banking Corporation)