McCann (in his capacity as liquidator of Australvic Property Management Pty Ltd (in liq)) v Mason (No 2) [2009] FCA 489

FEDERAL COURT OF AUSTRALIA

McCann (in his capacity as liquidator of Australvic Property Management Pty Ltd (in liq)) v Mason (No 2) [2009] FCA 489 CORPORATIONS – liquidator's examination summons – direction made limiting the scope of the examination summons to prevent the liquidator from obtaining an advantage in a related proceeding – related proceeding discontinued – direction recalled Corporations Act 2001 (Cth) s 596B MICHAEL WESLEY MCCANN (IN HIS CAPACITY AS LIQUIDATOR OF AUSTRALVIC PROPERTY MANAGEMENT PTY LTD (IN LIQUIDATION)) v RICHARD JAMES MASON

VID 790 of 2008

FINKELSTEIN J

11 MAY 2009

MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VID 790 of 2008

IN THE MATTER OF AUSTRALVIC PROPERTY MANAGEMENT PTY LTD (IN LIQUIDATION) BETWEEN: MICHAEL WESLEY MCCANN (IN HIS CAPACITY AS LIQUIDATOR OF AUSTRALVIC PROPERTY MANAGEMENT PTY LTD (IN LIQUIDATION))

Applicant

AND: RICHARD JAMES MASON

Respondent

JUDGE: FINKELSTEIN J

DATE OF ORDER: 11 MAY 2009

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT:

1. The direction in paragraph 2 of the order made on 15 December 2008 be recalled. 2. The respondent pay the applicant's costs of and incidental to this application, to be taxed in default of agreement. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. The text of entered orders can be located using eSearch on the Court's website. IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VID 790 of 2008

IN THE MATTER OF AUSTRALVIC PROPERTY MANAGEMENT PTY LTD (IN LIQUIDATION) BETWEEN: MICHAEL WESLEY MCCANN (IN HIS CAPACITY AS LIQUIDATOR OF AUSTRALVIC PROPERTY MANAGEMENT PTY LTD (IN LIQUIDATION))

Applicant

AND: RICHARD JAMES MASON

Respondent

JUDGE: FINKELSTEIN J

DATE: 11 MAY 2009