GEMI 169 Pty Ltd v Suria Global (L) Pty Ltd (No 2) [2023] NSWSC 427

GEMI 169 Pty Ltd v Suria Global (L) Pty Ltd (No 2) [2023] NSWSC 427

Due to tension and inconsistencies in the responses to the subpoena by Mr Jess, it is appropriate to order his attendance at court to be examined about compliance, within the prescribed limits, to clarify the circumstances of production and searches for documents.

Jurisdiction
Australia
Judgment Date
26 April 2023
Procedural Posture
Notice of Motion / Interlocutory Decision on Subpoena Compliance Examination
Outcome
Mr Peter Jess ordered to attend Court to be examined in respect of compliance with subpoena. Examination limited in scope. Plaintiffs to pay Mr Jess's costs of attendance initially. Costs of the Notice of Motion reserved.
Legal Topics
['subpoenas' 'examination of Subpoenaed Party' 'production of Documents']
['civil Procedure'] ['subpoenas' 'examination of Subpoenaed Party' 'production of Documents']

Case Brief

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Procedural Posture

Notice of Motion / Interlocutory Decision on Subpoena Compliance Examination

Legal Issues

  1. 1 ['Whether the proper officer of the subpoenaed party (PJA Accountants) should attend court to be examined in relation to compliance with a subpoena issued on 6 September 2022']

Ratio Decidendi

Due to tension and inconsistencies in the responses to the subpoena by Mr Jess, it is appropriate to order his attendance at court to be examined about compliance, within the prescribed limits, to clarify the circumstances of production and searches for documents.

Court Disposition

Mr Peter Jess ordered to attend Court to be examined in respect of compliance with subpoena. Examination limited in scope. Plaintiffs to pay Mr Jess's costs of attendance initially. Costs of the Notice of Motion reserved.

Orders

  • ['Mr Peter Jess attend at the Court at 9.30am before Stevenson J on a date arranged for examination in respect of the subpoena issued on 6 September 2022 to PJA Accountants & Business Advisors.' 'Order made without prejudice to any claim for privilege against self-incrimination by Mr Jess.' 'Evidence given on...