Fraser v Gorilla Rush Pty Ltd ACN 659612012

District Court

New South Wales

Medium Neutral Citation:

Fraser v Gorilla Rush Pty Ltd ACN 659612012 [2025] NSWDC 438

Hearing dates:

19 and 26 September 2025

Date of orders:

29 October 2025

Decision date:

29 October 2025

Jurisdiction:

Civil

Before:

Cole DCJ

Decision:

The subpoena issued to the Australian Communications and Media Authority filed on 29 July 2025 is set aside.

Catchwords:

CIVIL PROCEDURE – application to set aside subpoena issued to third party – where subpoena for production of documents held by regulator – whether subpoena amounts to a “fishing expedition” – whether subpoena lacks a legitimate forensic purpose – subpoena set aside

Legislation Cited:

Competition and Consumer Act 2010 (Cth), Schedule 2 – Australian Consumer Law, ss 18, 31

Interactive Gambling Act 2001 (Cth), ss 8, 15(2A)

Uniform Civil Procedure Rules 2005 (NSW), r 33.4

Cases Cited:

Secretary of the Department of Planning, Industry and Environment v Blacktown City Council [2021] NSWCA 145

Thomas v SMP (International) Pty Ltd (No 2) [2010] NSWSC 870

Texts Cited:

Nil

Category:

Procedural rulings

Parties:

Mr Paul Fraser (Plaintiff)
Gorilla Rush Pty Ltd ACN 659612012 (First Defendant)
Mr Samuel Oliver Johnson (Second Defendant)

Representation:

Counsel:
Mr O Fagir (First and Second Defendants)

Solicitors:
My General Counsel (Plaintiff)
Holding Redlich (First and Second Defendants)

File Number(s):

2024/00272199

Publication restriction:

Nil

JUDGMENT

1. The statement of claim which initiated these proceedings was filed on 24 July 2024. The notice of motion the subject of this decision was filed on 26 August 2025 by the first and second defendants, Gorilla Rush Pty Ltd (“Gorilla Rush”) and Mr Samuel Johnson.

2. The action is a claim for damages by Mr Fraser against Gorilla Rush for payments allegedly due under a document referred to in the statement of claim as “GR Employment Agreement”, which was entered into by Mr Fraser and Gorilla Rush on or about 10 October 2022. Alternatively, Mr Fraser claims payment for services performed on a quantum meruit basis. Mr Fraser also claims damages from Mr Johnson, who was the sole director and secretary of Gorilla Rush, on the basis of allegations that a collateral contract came into existence between Mr Fraser and Mr Johnson in which Mr Johnson undertook to ensure that Mr Fraser was paid pursuant to the GR Employment Contract. Further, Mr Fraser alleges, in the statement of claim, that Mr Johnson made a misleading and deceptive representation to him in or about December 2022 that the GR Employment Agreement was not valid and binding because Mr Fraser was a UK national and that a “replacement agreement” would need to be entered into by Mr Fraser and another entity, causing Mr Fraser to enter into a further agreement with Picaterre Limited (“Picaterre”) called, in the statement of claim, “the Picaterre Agreement”. Other allegations of misleading and deceptive conduct are made against Mr Johnson, and Mr Fraser claims damages under s 18 and/or s 31 of the Australian Consumer Law in respect of all of the representations alleged.

3. At all material times, Mr Fraser…