In the matter of Force Corp Pty Ltd (Recs and Mgrs Apptd) (in liq) [2018] NSWSC 896

In the matter of Force Corp Pty Ltd (Recs and Mgrs Apptd) (in liq) [2018] NSWSC 896

The subpoena to Mr Hill was set aside except for documents falling under par (c) of the revised categories dated 30 May 2018 (valuations), as the remainder lacked legitimate forensic purpose and was too wide and oppressive; only those valuations not already in the defendants' possession were allowed.

Jurisdiction
Australia
Judgment Date
15 June 2018
Procedural Posture
Corporations Interlocutory Application / Application to Set Aside Subpoena
Outcome
Subpoena set aside except for certain valuations; costs awarded to applicant.
Legal Topics
['subpoenas' 'insolvent Trading' 'oppression of Subpoenas' 'forensic Purpose of Subpoenas' 'liquidation' 'director Liability']
['corporations Law' 'civil Procedure'] ['subpoenas' 'insolvent Trading' 'oppression of Subpoenas' 'forensic Purpose of Subpoenas' 'liquidation' 'director Liability']

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Procedural Posture

Corporations Interlocutory Application / Application to Set Aside Subpoena

Legal Issues

  1. 1 ['Whether the subpoena to produce documents issued to Mr Hill lacks a legitimate forensic purpose' 'Whether the subpoena is too wide and oppressive']

Ratio Decidendi

The subpoena to Mr Hill was set aside except for documents falling under par (c) of the revised categories dated 30 May 2018 (valuations), as the remainder lacked legitimate forensic purpose and was too wide and oppressive; only those valuations not already in the defendants' possession were allowed.

Court Disposition

Subpoena set aside except for certain valuations; costs awarded to applicant.

Orders

  • ['The subpoena to produce documents dated 30 April 2018 issued to Christopher Hill by the first, second, third and fourth defendants be set aside, save par (c) of the revised categories dated 30 May 2018 (but not including the Pickles Valuation, the AAM Report or the Tiger Asset Group report dated 30 July 2015).'...