Collective Concepts Pty Ltd v SMC Gasworks Pty Ltd [2019] NSWSC 789

Supreme Court New South Wales

Medium Neutral Citation: Collective Concepts Pty Ltd v SMC Gasworks Pty Ltd [2019] NSWSC 789 Hearing dates: 12 and 25 June 2019 Decision date: 27 June 2019 Jurisdiction: Equity - Commercial List Before: Ball J Decision: (1) Within 28 days of today's date the defendants give discovery pursuant to r 5.3 of the Uniform Civil Procedure Rules 2005 (NSW) of the following documents (within the meaning of the Evidence Act 1995 (NSW)) in their possession, power, custody or control relating to the business carried on by the first defendant at Tenancy 3B, 63 Skyring Terrace, Newstead, Queensland (the Business):

(a) financial statements of the Business covering any part of the period from 1 November 2017 to 20 November 2018 (the Period);

(b) documents recording daily, weekly and monthly sales data for the Period, including any documents showing how those sales were generated;

(c) documents recording information obtained from any POS system used in the Business during the Period;

(d) tax returns covering any part of the Period;

(e) bank statements for all bank accounts used by the Business in respect of the Period;

(f) all employee records, including pay slips and documents recording employment classifications and visa status for all employees who worked in the Business during the Period.

(2) The plaintiff pay the defendants' reasonable costs of giving discovery in accordance with order (1).

(3) The costs referred to in order (2) be costs in any proceedings commenced by the plaintiff against any of the defendants in respect of the sale of the Business to the plaintiff.