Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Oswal v Burrup Fertilisers Pty Ltd (Receivers and Managers Appointed) [2013] FCAFC 9 Citation: Oswal v Burrup Fertilisers Pty Ltd (Receivers and Managers Appointed) [2013] FCAFC 9
Appeal from: Oswal v Burrup Holdings Limited [2011] FCA 609
Parties: PANKAJ OSWAL v BURRUP FERTILISERS PTY LTD (ACN 095 441 151) (RECEIVERS AND MANAGERS APPOINTED)
File number: WAD 210 of 2011
Judges: DOWSETT, FOSTER AND NICHOLAS JJ
Date of judgment: 7 February 2013
Catchwords: CORPORATIONS – whether the primary judge misapplied the relevant principles when he refused access to certain books and records of a corporation and its parent held by the first corporation which books and records were created after the appointment of receivers and managers to all of the assets and undertaking of the corporation and which materials were closely connected to the realisation of the assets of that corporation and its parent in circumstances where the receivers had very wide powers (both contractual and statutory) to realise the assets of that corporation and its parent in order to repay debts due from that corporation and its parent to the appointor of the receivers – relevant principles discussed
Legislation: Corporations Act 2001 (Cth), ss 198F, 290, 420, 421 and 1303
Cases cited: Oswal v Burrup Holdings Limited (2011) 281 ALR 432; [2011] FCA 609 affirmed Deangrove Pty Ltd (Receivers and Managers Appointed) v Commonwealth Bank of Australia (2001) 108 FCR 77 cited Edman v Ross (1922) 22 SR (NSW) 351 followed Foss v Harbottle (1843) 2 Hare 461 cited Hawkesbury Development Co Ltd v Landmark Finance Pty Ltd (1969) 2 NSWR 782 followed James v Commonwealth Bank of Australia (1992) 37 FCR 445 cited Newhart Developments Ltd v Co-Operative Commercial Bank Ltd [1978] QB 814 cited R v Board of Trade; Ex parte St Martins Preserving Co Ltd [1965] 1 QB 603 cited Re B Johnson & Co (Builders) Ltd [1955] Ch 634 cited Re Excel Finance Corp Ltd (Receivers and Managers Appointed); Worthley v England (1994) 52 FCR 69 cited Re Genasys II Pty Ltd (1996) 19 ACSR 435 cited Re Geneva Finance Ltd; Quigley v Cook (1992) 7 WAR 496 followed Sun-Life Properties Pty Ltd v Chellaston Pty Ltd (1993) 10 ACSR 476 cited Tudor Grange Holdings Ltd v Citibank NA [1992] Ch 53 cited Visbord v Federal Commissioner of Taxation (Cth) (1943) 68 CLR 354 cited Worthley v England (1994) 52 FCR 69 cited Kerr on Receivers (14th ed, 1972)
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