Yakiti Pty Ltd v MacDonald [2018] NSWSC 1505

Supreme Court New South Wales

Medium Neutral Citation: Yakiti Pty Ltd v MacDonald [2018] NSWSC 1505 Hearing dates: 4 October 2018 Date of orders: 04 October 2018 Decision date: 04 October 2018 Jurisdiction: Common Law Before: Beech-Jones J Decision: 1 Order that the subpoena to produce addressed to Lift Brands Australia Pty Ltd filed on 30 July 2018 be varied as follows:

a. Paragraphs 1 and 3 be limited to the period from 1 September 2016 to 1 March 2017; b. Paragraph 3 be further restricted to documents 'evidencing or relating to the assignment, transfer or grant of the Snap Fitness Franchises'; and c. Paragraph 5 be deleted.

2 Order that the subpoenas to produce addressed to:

a. Scott Dickinson of Ruskilly Pty Ltd t/as Sustainable Turnaround; and b. Shane Steinwell both filed on 30 July 2018 be varied to: c. delete paragraphs 2 and 3; and d. Limit paragraph 1 to the period from 1 September 2016 to 1 March 2017.

3 Order that the subpoena to produce addressed to Quadrant Private Equity Pty Ltd filed on 30 July 2018 be varied so that paragraphs 1 and 2 be limited to the period from 1 March 2016 to 1 March 2017.

4 Order the defendant to serve a copy of these orders and a copy of the judgment of Beech Jones J dated 4 October 2018 upon Lift Brands Australia Pty Ltd, Scott Dickinson of Ruskilly Pty Ltd t/as Sustainable Turnaround, Shane Steinwell and Quadrant Private Equity Pty Ltd.

5 Grant leave to the recipients of each of the subpoenae to Lift Brands Australia Pty Ltd, Scott Dickinson, Shane Steinwell and Quadrant Private Equity Pty Ltd to uplift such, if any, documents as they have produced to date in answer to the subpoena addressed to them, for the purpose of their review and re-production of documents in answer to the subpoena as varied by these orders.