Jane v Secatore (Liquidator), in the matter of Last Lap Pty Ltd (in liq) [2021] FCAFC 108

Federal Court of Australia

Jane v Secatore (Liquidator), in the matter of Last Lap Pty Ltd (in liq) [2021] FCAFC 108 Appeal from: Secatore, in the matter of Last Lap Pty Ltd (in liq) (No 3) [2020] FCA 1289

File number(s): VID 675 of 2020

Judgment of: DAVIES, charlesworth and jackson JJ

Date of judgment: 22 June 2021

Catchwords: INSOLVENCY – application for discharge of summons issued under s 596B of the Corporations Act 2001 (Cth) (the Act) – scope of 'examinable affairs' of a company – Court does not have to be satisfied that the subject of proposed examination is within the examinable affairs of a company before exercising discretion to issue a summons under s 596B – sufficient if known facts show a relationship between the examinee and the examinable affairs of the corporation – Court need only be satisfied the proposed examinee may be able to give information about the examinable affairs of a company – whether material non-disclosure by liquidator in affidavit in support of application for summons under s 596B of the Act PRACTICE AND PROCEDURE – application for extension of time to apply for leave to appeal dismissal of application for discharge of summons – delay minimal and reason for delay satisfactorily explained – no merit in proposed grounds – application refused

Legislation: Corporations Act 2001 (Cth) ss 9, 53, 596B, 596D, 597

Cases cited: Kimberley Diamonds Ltd v Arnautovic (2017) 252 FCR 244; [2017] FCAFC 91 Wainter Pty Ltd, in the matter of New Tel Limited (in liq) ACN 009 068 955 (2005) 145 FCR 176; [2005] FCAFC 114

Division: General Division

Registry: Victoria