Lee and Ryder

This matter concerned an application for a stay of orders made by Justice Burr on 17 June 2009, pending the determination of an application for leave to appeal and the appeal itself. The application was brought on behalf of Ms A and S Company Pty Ltd. The proceedings involved subpoenas directed to Ms A in her personal capacity and as Managing Director of S Company Pty Ltd.

The primary legal issue before the court was whether to grant a stay of the existing orders and preserve documents in the possession of Ms A, and to vacate the allocated trial dates. The court was also required to consider the reservation of costs applications relating to the subpoenas.

The court ordered that the orders of Justice Burr made on 17 June 2009 be stayed pending the determination of the application for leave to appeal and the appeal. Furthermore, any documents held by Ms A, whether personally or as Managing Director of S Company Pty Ltd, were to be preserved and not destroyed. The trial dates previously allocated for July 2009 were vacated. Costs applications concerning the subpoenas were reserved for future consideration after the finalisation of the appeal process.