Richmond Sales Pty Ltd (In Liq) v Robert McDermott [2006] FCA 52

FEDERAL COURT OF AUSTRALIA

Richmond Sales Pty Ltd (In Liq) v Robert McDermott [2006] FCA 52 CORPORATIONS – application under s 536 to set aside a warrant issued under s 530C of the Corporations Act 2001 (Cth) – challenge to the validity of the warrant – need for full trial before validity could be impugned successfully – further inquiry not justified where defendants no longer have a proprietary or pecuniary interest in the outcome and application to set aside delayed for over 20 months after warrant issued – other factors also considered Corporations Act 2001 (Cth), ss 530C, 536 Burns Philp Investments Pty Ltd v Dickens (1993) 11 ACLC 525 referred to GIS Electrical Pty Ltd v Melsom (2002) 172 FLR 218 referred to Re Glowbind Pty Ltd (in Liq); Takchi v Parbery (2003) 181 FLR 208 referred to RICHMOND SALES PTY LTD (IN LIQUIDATION) (ACN 073 538 959) PAUL ANDREW BURNESS (IN HIS CAPACITY AS LIQUIDATOR) v ROBERT ARTHUR McDERMOTT, ANN LANGDON, MAXWELL ROGER LATIMER, JOHN McDONALD, MICHAEL GUIFFRE, ROBERT NOMINEES PTY LTD and MARY ANN MARTINEK VID 3276 OF 2003 KENNY J 8 FEBRUARY 2006 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VID 3276 OF 2003

BETWEEN: RICHMOND SALES PTY LTD (IN LIQUIDATION) (ACN 073 538 959) & PAUL ANDREW BURNESS (IN HIS CAPACITY AS LIQUIDATOR)

APPLICANTS

AND: ROBERT ARTHUR McDERMOTT

FIRST RESPONDENT

ANN LANGDON

SECOND RESPONDENT

MAXWELL ROGER LATIMER

THIRD RESPONDENT

JOHN McDONALD

FOURTH RESPONDENT

MICHAEL GUIFFRE

FIFTH RESPONDENT

ROVER NOMINEES PTY LTD

SIXTH RESPONDENT

MARY ANN MARTINEK

SEVENTH RESPONDENT