Y Pty Ltd & Anor and Cho & Anor

In proceedings before Cohen J, the applicants, Y Pty Ltd and another, sought a declaration that certain consent orders made on 10 July 2010 did not bind them. The respondents were Mr Cho and another. The dispute concerned the enforceability of these consent orders against the applicants.

The court was required to determine whether the consent orders of 10 July 2010 were binding on the applicants. This involved considering the nature of the agreement dated 2 September 2001 and the applicants' knowledge of its existence. The court also had to address applications for leave to issue subpoenas and to inspect Family Court of Australia files.

Cohen J refused the applicants' request for a declaration that the consent orders did not bind them. The court granted leave for the applicants to issue subpoenas to Mr Cho, Ms Shing, Ms Shing’s mother, the trustee in the husband’s bankruptcy, and H Solicitors, limited to documents concerning the creation of the purported agreement dated 2 September 2001 and notice of this agreement to the applicants. Leave was also granted to Ms Shing to issue a subpoena to Ms S of Y Pty Limited, and to the applicants' solicitor to inspect relevant Family Court of Australia files pertaining to Ms Shing. The costs of the application were stood over to the judge determining the substantive proceedings, and the matter was fixed for mention on 13 April 2010.