A and B Management Pty Ltd & Anor v Pinitan Wu & Anor [2021] NSWDC 422

A and B Management Pty Ltd & Anor v Pinitan Wu & Anor [2021] NSWDC 422

Leave to cross-examine Mr Young was refused because cross-examination on interlocutory applications is permitted sparingly and, in this case, cross-examination about the financial viability of a going business whose property had been damaged would not promote efficient, quick or cheap resolution and was unlikely to elucidate matters. A pragmatic approach to the production disputes was adopted because the notice to produce was narrow, the Westpac documents supported the existence of a long-standing viable business with substantial turnover and cash reserves, and limited setting aside of the Kelly Partners subpoena was sufficient.

Jurisdiction
Australia
Judgment Date
04 June 2021
Procedural Posture
Civil Proceedings Arising Out of a Boating Accident; Interlocutory Applications Concerning Security for Costs, a Notice to Produce and Subpoenas for Production / Interlocutory Rulings on Notices of Motion; the Defendants' Security for Costs Motion Was Adjourned
Outcome
Application for leave to cross-examine refused; part of the Kelly Partners subpoena set aside; access granted to Westpac subpoena documents; plaintiffs' notice of motion otherwise dismissed; costs reserved.
Legal Topics
['interlocutory Applications' 'security for Costs' 'notice to Produce' 'subpoenas for Production' 'cross Examination on Affidavits in Interlocutory Applications']
['civil Procedure' 'practice and Procedure'] ['interlocutory Applications' 'security for Costs' 'notice to Produce' 'subpoenas for Production' 'cross Examination on Affidavits in Interlocutory Applications']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Civil Proceedings Arising Out of a Boating Accident; Interlocutory Applications Concerning Security for Costs, a Notice to Produce and Subpoenas for Production / Interlocutory Rulings on Notices of Motion; the Defendants' Security for Costs Motion Was Adjourned

Legal Issues

  1. 1 ['Whether leave should be granted to cross-examine Andrew James Young on his affidavits in the interlocutory applications.' 'Whether the notice to produce dated 25 April 2021 and subpoenas for production addressed to Westpac Banking Corporation and Kelly Partners (Northern Beaches) Pty Limited should be set aside.' "How the interlocutory disputes should be managed efficiently, quickly and cheaply in light of the evidence about the plaintiffs' business and financial position."]

Ratio Decidendi

Leave to cross-examine Mr Young was refused because cross-examination on interlocutory applications is permitted sparingly and, in this case, cross-examination about the financial viability of a going business whose property had been damaged would not promote efficient, quick or cheap resolution and was unlikely to elucidate matters. A pragmatic approach to the production disputes was adopted because the notice to produce was narrow, the Westpac documents supported the existence of a long-standing viable business with substantial turnover and cash reserves, and limited setting aside of the Kelly Partners subpoena was sufficient.

Court Disposition

Application for leave to cross-examine refused; part of the Kelly Partners subpoena set aside; access granted to Westpac subpoena documents; plaintiffs' notice of motion otherwise dismissed; costs reserved.

Orders

  • ['Application for leave to cross examine Andrew James Young on his affidavits is refused.' 'I order the defendants to comply with the notice to produce dated 25 April 2021 by 4pm on 18 June 2021.' 'I set aside that part of the subpoena to produce documents addressed to Kelly Partners (Northern Beaches) Pty Limited...