Mudgee Dolomite & Lime Pty Limited v Robert Francis Murdoch; In the matter of Mudgee Dolomite & Lime Pty Limited [2019] NSWSC 1902

Supreme Court New South Wales

Medium Neutral Citation: Mudgee Dolomite & Lime Pty Limited v Robert Francis Murdoch; In the matter of Mudgee Dolomite & Lime Pty Limited [2019] NSWSC 1902 Hearing dates: 8 August 2019 Date of orders: 08 August 2019 Decision date: 08 August 2019 Jurisdiction: Equity - Corporations List Before: Black J Decision: Leave granted to amend Further Amended Statement of Claim. Orders made for further and better discovery by 4pm on 15 August 2019.

Orders made setting aside specified subpoenas, or parts thereof, issued by the parties. The Interlocutory Process dated 19 June 2019 otherwise be dismissed. Access granted to documents to be produced in the specified form.

Order that no further subpoenas be issued by any party without leave of the Court. Catchwords: CIVIL PROCEDURE – notices to produce – leave to issue – where parties have issued numerous notices to produce – where numerous notices to produce not justified or too wide – whether an order requiring leave of court to issue subpoenas should be made.

CIVIL PROCEDURE – notices to produce – where subpoenas are in broad terms – where issue of subpoenas not justified – whether legitimate forensic purpose in issue of subpoenas – whether subpoenas, or parts thereof, should be set aside.

CORPORATIONS – statutory derivative action – application to bring proceedings on behalf of company – where application corollary to amendment of pleading – where court has previously granted leave to bring derivative proceedings – whether leave under s 237 of the Corporations Act 2001 (Cth) should be granted. Legislation Cited: - Corporations Act 2001 (Cth) s 237 Cases Cited: - Commissioner for Railways v Small (1938) 38 SR (NSW) 564 - Portal Software International Pty Ltd v Bodsworth [2005] NSWSC 1115 - Re DCM Solar Pty Ltd (in liq) [2013] NSWSC 423 - Re North Coast Transit Pty Ltd [2013] NSWSC 1912 - The City of Sydney v Streetscape Projects (Australia) Pty Ltd [2011] NSWSC 364 Category: Procedural and other rulings Parties: Proceedings 2016/84283 Mudgee Dolomite & Lime Pty Limited (Plaintiff) Robert Francis Murdoch (First Defendant) Stephen Murdoch (Second Defendant) RK Murdoch Pty Ltd (Third Defendant) Tilecote Farm Pty Ltd (formerly known as Bright Pear Pty Ltd) (Fourth Defendant) Kurdeez Minerals Pty Ltd (Fifth Defendant)