Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Wainter Pty Ltd, in the matter of New Tel Limited (in liq) [2004] FCA 1021 CORPORATIONS – summons for examination – examinees' application for discharge – whether summons issued for improper purpose – third party creditor seeking to advance its own cause of action against legal advisors to company in liquidation and director of that company – whether summonses serve proper purpose – in what respect examination would be for a proper purpose
Corporations Act 2001 (Cth) s 596A, 596B
Federal Court (Corporations) Rules 2000 r 11.5 Excel Finance Corporation Limited (Receiver and Manager Appointed), Re: Worthley v England (1994) 52 FCR 69 considered Flanders v Beatty (1995) 13 ACLC 529 referred to Gartner Wines Pty Ltd (Receivers and Managers Appointed), Re; Carter v Gartner (2003) 46 ACSR 264 cited Hamilton v Oades (1989) 166 CLR 486 considered Hong Kong Bank of Australia v Murphy (1992) 28 NSWLR 512 cited New Cap Reinsurance Corp Holdings Ltd, Re; Gibbons [2001] NSWSC 835 referred to Sandhurst Trustees Ltd v Harvey (2004) 206 ALR 594 followed and applied Spedley Securities Ltd (in liq), Re; Spedley Securities Ltd (in liq) v Bank of New Zealand (1990) 3 ACSR 366 cited Woolfe v Australian Securities & Investments Commission [2004] FCA 1020 cited
IN THE MATTER OF NEW TEL LIMITED (IN LIQUIDATION)
THE APPLICATION OF WAINTER PTY LTD W35 OF 2004 RD NICHOLSON J 6 AUGUST 2004 PERTH
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY W35 OF 2004
IN THE MATTER OF NEW TEL LIMITED (IN LIQUIDATION)
ACN 009 068 955
THE APPLICATION OF WAINTER PTY LTD
ACN 008 725 586
PLAINTIFF
JUDGE: RD NICHOLSON J
DATE OF ORDER: 6 AUGUST 2004
WHERE MADE: PERTH
THE COURT ORDERS THAT: 1. The interlocutory application on behalf of Mr Malone dated 22 March 2004 to discharge the summons for examination by the plaintiff Wainter dated 10 March 2004 be refused. 2. The interlocutory application on behalf of Messrs Woolfe and Evans dated 18 March 2004 to discharge the summonses for examination by the plaintiff Wainter dated 10 March 2004 be refused. 3. The proceeding be referred to the Registrar for such further directions as may be necessary. 4. Each of the examinees Malone, Woolfe and Evans pay the plaintiff Wainter's costs of the above interlocutory applications. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate