Joye, Ian Edward v Beach Petroleum NL & Anor [1996] FCA 502

CATCHWORDS CORPORATIONS - cooperation between Australia and foreign courts - assistance from foreign courts having jurisdiction in "external administration matters" under s. 580 of the Corporations Law - letter of request to Supreme Court of Hong Kong to order production and verification of documents - whether request is "a matter relating to winding up" under Chapter 5 - "indirect but relevant connection" a sufficient relationship WORDS AND PHRASES - definition of "matter" - "subject matter for determination in a legal proceeding, rather than the proceeding itself" - definition of "winding up" - "the process that follows the making of a winding up order" - includes any step taken by a liquidator in getting in assets of corporation - existence of litigation unnecessary CORPORATIONS - standing to apply to set aside order for request to foreign court - appellant a director of company involved in the subject proceedings - appellant possesses requisite degree of 'closeness' to subject matter of request MALICIOUS PROCEDURE - abuse of process - letter of request to foreign court to order production and verification of documents - use of power must not be for a purpose foreign to the interests of "the corporation, its contributories or creditors" - request for production of documents a legitimate line of inquiry Corporations Law s. 580 Hong Kong Bank of Australia Ltd. v Murphy (1992) 28 NSWLR 512 - considered Tooheys Ltd. v Commission of Stamp Duties (NSW) (1961) 105 CLR 602 - considered Elna Australia Pty. Ltd. v International Computers (Aust.) Pty. Ltd. (1987) 14 FCR 461 - considered Gerah Imports Pty. Ltd. v The Duke Group Ltd (in liq.) (1994) 119 ALR 401 - considered Re Crust 'n' Crumbs Bakers (Wholesale) Pty. Ltd. [1992] 2 Qd R 76 - considered Re Excel; Worthley v England (1994) 52 FCR 69 - considered Hamilton v Oades (1989) 166 CLR 486 - considered Onus v Alcoa of Australia Ltd. (1981) 149 CLR 27 - considered