Zakrzewski, John v Rodgers, Peter David as Provisional Liquidator of Desaro Design Interiors Pty Ltd (in liq) [1998] FCA 670

FEDERAL COURT OF AUSTRALIA Corporations - application for inquiry into conduct of liquidator under s 536 of Corporations Law - whether prima facie case for inquiry made out - whether an inquiry is in the public interest. Corporations Law - s 536 Burns Philp Investments Pty Ltd -v- Dickens (1993) 11 ACLC 272 - foll.

JOHN ZAKRZEWSKI V PETER DAVID RODGERS AS PROVISIONAL LIQUIDATOR OF DESARO DESIGN INTERIORS PTY LIMITED (IN LIQUIDATION)

NG 3231 OF 1997 JUDGE: BEAUMONT J. PLACE: SYDNEY DATE: 21 APRIL 1998

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 3231 of 1997

BETWEEN: JOHN ZAKRZEWSKI

Applicant

AND: PETER DAVID RODGERS AS PROVISIONAL LIQUIDATOR OF DESARO DESIGN INTERIORS PTY LIMITED (IN LIQUIDATION)

Respondent

JUDGE: BEAUMONT J.

DATE OF ORDER: 21 APRIL 1998

WHERE MADE: SYDNEY

ORDERS: 1. Application dismissed. 2. Applicant to pay the respondent's costs of the application. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 3231 of 1997

BETWEEN: JOHN ZAKRZEWSKI

Applicant

AND: PETER DAVID RODGERS AS PROVISIONAL LIQUIDATOR OF DESARO DESIGN INTERIORS PTY LIMITED (IN LIQUIDATION)

Respondent

JUDGE: BEAUMONT J.

DATE: 21 APRIL 1998

PLACE: SYDNEY

REASONS FOR JUDGMENT BEAUMONT J. Before the Court is an application for an order that the Court inquire into a matter of the kind specified in s 536 of the Corporations Law ("the Law"). Section 536 is in the following terms: "536(1A) ['liquidator'] In this section: 'liquidator' includes a provisional liquidator. 536(1) [Inquiry] Where: (a) it appears to the Court or to the Commission that a liquidator has not faithfully performed or is not faithfully performing his or her duties or has not observed or is not observing: (i) a requirement of the Court; or (ii) a requirement of this Law, of the regulations or of the rules; or (b) a complaint is made to the Court or to the Commission by any person with respect to the conduct of a liquidator in connection with the performance of his or her duties;