SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Case Title: | Wornes v Freewater Australia Pty Limited |
Citation: | [2022] ACTSC 147 |
Hearing Date: | 27 May 2022 |
DecisionDate: | 24 June 2022 |
Before: | Kennett J |
Decision: | See [51] |
Catchwords: | CIVIL LAW – PRACTICE AND PROCEDURE – Subpoenas – application to set aside subpoenas – whether legitimate forensic purpose |
Legislation Cited: | Civil Procedure Act 2005 (NSW) s 56 Court Procedures Act 2004 (ACT) s 5A Uniform Civil Procedure Rules 2005 (NSW) r 33.4 |
Cases Cited: | A v Z [2007] NSWSC 899; 212 FLR 255 Botany Bay Instrumentation and Control Pty Ltd v Stewart [1984] 3 NSWLR 98 |
Parties: | Shaun Wornes ( Plaintiff) Freewater Australia Pty Limited ( First Defendant) David Muir (Second Defendant) |
Representation: | Counsel G Blank ( Plaintiff) B Buckland ( Defendants) |
| Solicitors Trinity Law ( Plaintiff) Kamy Saeedi Law ( Defendants) | |
File Number: | SC 185 of 2021 |
KENNETT J:
Introduction
The plaintiff (Mr Wornes) sues the defendants in debt, relying on what are said to be two loan agreements.
The first loan agreement is contained in a deed, which describes itself as a Debenture Agreement, dated 15 March 2018. The first defendant (Freewater Australia) was the borrower under that agreement and the second defendant (Mr Muir) was the guarantor.
The deed acknowledged various advances and amounts that Freewater Australia had the benefit of, amounting to $350,000. It contained provisions for interest and for monthly repayments commencing in March 2019. It provided that failure to pay any money or instalment required under the agreement within 90 days was a default event, which would authorise Mr Wornes to demand payment of all money owing.
It is pleaded that there was a failure to make repayments constituting a default event, a demand letter was duly sent, and the outstanding amount demanded in that letter has not been paid.
The second loan agreement is contained in an exchange of emails on 13 June 2019. It is pleaded that, pursuant to this agreement, Mr Wornes advanced $150,000 to Freewater Australia with that sum due for repayment on 25 July 2019. Repayment did not occur on that day. It is further pleaded that the parties agreed (orally) that the loan would be repaid…
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- Case
- [2022] ACTSC 147
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