Hardcastle v Advanced Mining Technologies Pty Ltd [2001] FCA 1846

FEDERAL COURT OF AUSTRALIA

Hardcastle v Advanced Mining Technologies Pty Ltd [2001] FCA 1846 CORPORATIONS – powers of directors – rights of access to company books – former director seeking access to company's books for purpose of bring legal proceeding – purpose of inspection – whether legal proceeding must relate to director in capacity as director – whether director must specify specific categories of material Corporations Act 2001 s 198F PHILIP JULIAN HARDCASTLE v ADVANCED MINING TECHNOLOGIES PTY LTD & ORS N 923 of 2001 EMMETT J 10 SEPTEMBER 2001 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 923 OF 2001

BETWEEN: PHILIP JULIAN HARDCASTLE

APPLICANT

AND: ADVANCED MINING TECHNOLOGIES PTY LTD

ACN 060 418 859

FIRST RESPONDENT

HENDRIKUS THEODORUS VERHOEF

SECOND RESPONDENT

THOMAS BAINES GILPIN

THIRD RESPONDENT

SCOTT THOMSON

FOURTH RESPONDENT

FRANCIS HUNGERFORD

FIFTH RESPONDENT

BEVERLEY M. HARDCASTLE

SIXTH RESPONDENT

TARGET DRILLING INC

SEVETH RESPONDENT

STEPHEN J. KRAVITIS

EIGHTH RESPONDENT

JUDGE: EMMETT J

DATE OF ORDER: 10 SEPTEMBER 2001

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. Paragraphs 27 to 59 of the statement of claim be struck out. 2. The applicant have leave to file an amended statement of claim and if necessary, an amended application, relating to any relief that he seeks in relation to the following instruments: · a deed of settlement dated of 2 July 1999 between the first respondent, the applicant and the second and third respondents (Annexure N to the affidavit of Hendrikus Theodorus Verhoef filed 23 August 2001);