Richard Albarran in his capacity as liquidator of Krisnic Nominees Pty Ltd (in Liquidation) (ACN 634 372 437) v Kristofer Wczesniak [2024] NSWSC 487

Richard Albarran in his capacity as liquidator of Krisnic Nominees Pty Ltd (in Liquidation) (ACN 634 372 437) v Kristofer Wczesniak [2024] NSWSC 487

Given ongoing non-compliance with subpoenas and court orders by the first and third defendants and the unsatisfactory explanation for non-production of documents, it was appropriate to exercise the discretion under ss 68 and 108 of the Civil Procedure Act 2005 (NSW) to order their attendance for examination.

Jurisdiction
Australia
Judgment Date
30 April 2024
Procedural Posture
Interlocutory Application / Procedural Ruling / Enforcement of Subpoenas; Application for Examination Orders
Outcome
Orders made for first and third defendants to attend court for examination.
Legal Topics
['enforcement of Subpoenas' "liquidator's Duties" "court's Power to Order Examination" 'books and Records of Company']
['civil Procedure' 'corporate Insolvency'] ['enforcement of Subpoenas' "liquidator's Duties" "court's Power to Order Examination" 'books and Records of Company']

Case Brief

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Procedural Posture

Interlocutory Application / Procedural Ruling / Enforcement of Subpoenas; Application for Examination Orders

Legal Issues

  1. 1 ['Whether it is appropriate to order the first and third defendants to attend court to be examined regarding compliance with subpoenas and court orders under Civil Procedure Act 2005 (NSW) ss 68 and 108']

Ratio Decidendi

Given ongoing non-compliance with subpoenas and court orders by the first and third defendants and the unsatisfactory explanation for non-production of documents, it was appropriate to exercise the discretion under ss 68 and 108 of the Civil Procedure Act 2005 (NSW) to order their attendance for examination.

Court Disposition

Orders made for first and third defendants to attend court for examination.

Orders

  • ['The first defendant, Kristofer Wczesniak, and the third defendant, Nicole Hilder, are to attend court for examination at 2 pm on 1 May 2024 before Pike J regarding compliance with subpoenas and court orders.' 'Orders made without prejudice to any claim for privilege against self-incrimination.' 'Subpoenas issued...