Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Carter v Gartner, in the matter of Gartner Wines Pty Limited and the Corporations Act 2001 [2003] FCA 653
CORPORATIONS – examination under s 596A of the Corporations Act 2001 (Cth) – application to set aside examination summons or staying examination – whether issue of examination summons resulted in abuse of process – whether examination summons obtained for improper purpose – purpose of receivership – same solicitor acting both for receiver and for party in third party litigation – whether documents obtained during examination will inevitably be used for improper purpose CORPORATIONS – examination under s 596A of the Corporations Act 2001 (Cth) – affidavits filed in support of examination summons - application to inspect affidavits – whether affidavits can be inspected as a matter of right – whether Court unable to fairly and properly dispose of application to set aside summons without applicant viewing affidavits
Corporations Act 2001 (Cth) Division 1 of Part 5.9, ss 9, 596, 597 Federal Court of Australia Act 1976 (Cth) s 59 Corporations Law s 597 Federal Court (Corporations) Rules 2000 r 11 D'Arrigo v Carter [2003] FCA 5 followed Douglas-Brown v Furzer (1994) 11 WAR 400 cited Downsview Nominees Ltd v First City Corporation Ltd [1993] AC 295 cited Harvey v Burfield [2003] SASC 192 approved Henke v Carter [2002] FCA 252 distinguished Hill v Smithfield Service Centre Pty Ltd (in liq) [2002] NSWSC 999; 196 ALR 246 cited Hong Kong Bank of Australia Ltd v Murphy (1992) 28 NSWLR 512 cited K Mart Australia Limited v Commissioner of Taxation, [1995] FCA 760 cited Re B Johnson & Co (Builders) Ltd [1955] Ch 634 cited Re Bosun Pty Ltd (in liq); Makris v Sheahan [2000] SASC 180 cited Re Excel Finance Corporation Ltd (Receiver and Manager Appointed; Worthley v England (1994) 52 FCR 69 applied Re Hugh J Roberts Pty Ltd [1970] 2 NSWR 541 cited Re Southern Equities Corporation Ltd (in liq); Bond v England (1997) 25 ACSR 394 followed Simionato v Macks (1996) 19 ACSR 34 cited Williams v Spautz (1992) 174 CLR 509 cited IN THE MATTER OF GARTNER WINES PTY LIMITED (Receivers and Managers Appointed) (Administrators Appointed) ACN 086 333 388 and OTHERS AND THE CORPORATIONS ACT 2001
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