P A Putney Finance Australia Pty Ltd v Aalders [2019] NSWSC 1180

Supreme Court New South Wales

Medium Neutral Citation: P A Putney Finance Australia Pty Ltd v Aalders [2019] NSWSC 1180 Hearing dates: 4 September 2019 Date of orders: 10 September 2019 Decision date: 10 September 2019 Jurisdiction: Common Law Before: Harrison J Decision: (1) Set aside orders 1 and 2 made by Registrar Bradford on 6 June 2019. (2) Order that the costs of the application before me should be the costs in the proceedings. Catchwords: SUBPOENAS – decision of Registrar to set aside subpoenas – UCPR 49.19 – application for review of the Registrar's decision – whether documents produced in response to subpoenas directed to non-parties demonstrate existence of a legitimate forensic purpose – Registrar's orders set aside Legislation Cited: UCPR, r 49.19 Cases Cited: Aristocrat Technologies Australia Pty Ltd v Global Gaming Supplied Pty Ltd & Allam (2013) 297 ALR 406; [2013] HCA 21 Noble Earth Technologies Pty Ltd v Hampic Pty Ltd trading as Cyndan Chemicals [2012] NSWSC 935 UTSG Pty Ltd v Gwynvill Properties Pty Ltd [2017] NSWSC 558 Category: Procedural and other rulings Parties: P A Putney Finance Australia Pty Limited (First Plaintiff) P A Putney Custodians Pty Ltd (Second Plaintiff) Adrian Emile Francois Aalders (First Defendant) Alders Finance Pty Limited (Second Defendant) Representation: Counsel: J Knackstredt (First and Second Plaintiffs) P Horobin (First and Second Defendants)

Solicitors: Cordato Partners Lawyers (First and Second Plaintiffs) Farrar Lawyers (First and Second Defendants) File Number(s): 2018/375030 Publication restriction: Nil