Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Sutherland v Pascoe; in the matter of Matrix Group Limited as Trustee for the Matrix Group Unit Trust (in liq) ACN 061 549 371 [2013] FCAFC 15 Citation: Sutherland v Pascoe; in the matter of Matrix Group Limited as Trustee for the Matrix Group Unit Trust (in liq) ACN 061 549 371 [2013] FCAFC 15
Appeal from: Sutherland v Pascoe, in the matter of Matrix Group Limited as Trustee for the Matrix Group Unit Trust (in liq) ACN 061 549 371 (No 2) [2012] FCA 1361
Parties: IN THE MATTER OF MATRIX GROUP LIMITED AS TRUSTEE FOR THE MATRIX UNIT TRUST (IN LIQUIDATION) ACN 06 549 371; ANDREW PAUL TENANT SUTHERLAND, GARRICK MICHAEL HAWKINS, EVELYN HAWKINS, GILLIAN TYNE AND ALEXANDRA HAWKINS v SCOTT DARREN PASCOE IN HIS CAPACITY AS LIQUIDATOR OF MATRIX GROUP LIMITED AS TRUSTEE FOR THE MATRIX GROUP UNIT TRUST (IN LIQUIDATION) ACN 061 549 371
File number: NSD 2089 of 2012
Judges: JAGOT, GRIFFITHS AND FARRELL JJ
Date of judgment: 18 February 2013
Catchwords: PRACTICE AND PROCEDURE – principles concerning leave to appeal interlocutory judgement – whether reasonably arguable that primary judge erred in rejecting application to set aside examination summons on the basis of non-disclosure to the registrar CORPORATIONS – liquidator examinations – examination summonses and orders for production of documents
Legislation: Corporations Act 2001 (Cth) ss 181, 182, 477(2B), 479, 588FB, 588FDA, 588FF, 596B, 596C, 596D, 597, 597A 1324 Conveyancing Act 1919 (NSW) ss 37A Federal Court (Corporations) Rules 2000 r 11.3
Cases cited: Décor Corporation Pty Limited v Dart Industries Inc (1991) 33 FCR 397 In the matter of Idoport Pty Limited (in liq) [2011] NSWSC 322; (2011) 83 ACSR 164 Southern Equities Corp Ltd (In Liq); Re Bond & Caboche v England (1997) 25 ACSR 394 Sutherland v Pascoe, in the matter of Matrix Group Limited as Trustee for the Matrix Group Unit Trust (in liq) [2012] FCA 453 Walter Rau Neusser Oel Und Fett AG v Cross Pacific Trading Ltd [2005] FCA 955
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