In the matter of New Bounty Pty Limited [2015] NSWSC 2023

In the matter of New Bounty Pty Limited [2015] NSWSC 2023

Documents sought for financial years up to 2013 are irrelevant as there is no dispute about the existence or amount of the debt, but documents relating to the 2014 financial year and the Australian Taxation Office private ruling are relevant to issues concerning implementation of the DOCA and ultimate beneficial ownership.

Parties
First Applicant/first Defendant: Baron Corporation Pty Limited ACN 001 406 873; Second Defendant: Peter Paul Krejci; Third Defendant: Brian Raymond Silvia; Second Applicant/fourth Defendant: New Bounty Pty Limited ACN 056 983 432; Respondent/plaintiff: Winpar Holdings Limited ACN 003 035 523
Jurisdiction
Australia
Judgment Date
23 March 2015
Procedural Posture
Interlocutory Application / Ruling on Notices to Produce
Outcome
Application partially granted; some documents not required to be produced, remainder to be produced
Legal Topics
Notices to Produce, Subpoenae, Abuse of Process, Relevance of Documents, Administration of Company, Deed of Company Arrangement
Practice and Procedure Equity Notices to Produce Subpoenae Abuse of Process Relevance of Documents Administration of Company Deed of Company Arrangement

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Parties

Baron Corporation Pty Limited ACN 001 406 873

First Applicant/first Defendant

Peter Paul Krejci

Second Defendant

Brian Raymond Silvia

Third Defendant

New Bounty Pty Limited ACN 056 983 432

Second Applicant/fourth Defendant

Winpar Holdings Limited ACN 003 035 523

Respondent/plaintiff

Procedural Posture

Interlocutory Application / Ruling on Notices to Produce

Legal Issues

  1. 1 Whether notices to produce and subpoenae sought irrelevant documents
  2. 2 Whether notices to produce and subpoenae constitute abuse of process
  3. 3 Whether documents sought are relevant to the issues in proceedings

Ratio Decidendi

Documents sought for financial years up to 2013 are irrelevant as there is no dispute about the existence or amount of the debt, but documents relating to the 2014 financial year and the Australian Taxation Office private ruling are relevant to issues concerning implementation of the DOCA and ultimate beneficial ownership.

Court Disposition

Application partially granted; some documents not required to be produced, remainder to be produced

Orders

  • The fourth defendant is not required to produce income tax returns for 2011, 2012 and 2013, but must produce other documents in the notice.
  • The first defendant is not required to produce income tax returns or financial reports for 2011, 2012 and 2013, but must produce documents for 2014.