S & V Nominees Pty Ltd (in liquidation) v Rabobank Australia Limited (Formerly known as Primary Industry Bank of Australia Limited) [2010] FCA 429

FEDERAL COURT OF AUSTRALIA

S & V Nominees Pty Ltd (in liquidation) v Rabobank Australia Limited (Formerly known as Primary Industry Bank of Australia Limited) [2010] FCA 429 Citation: S & V Nominees Pty Ltd (in liquidation) v Rabobank Australia Limited (formerly known as Primary Industry Bank of Australia Limited) [2010] FCA 429

Parties: S & V NOMINEES PTY LTD (IN LIQUIDATION) ACN 060 323 033 and VIRGINIA PACKING SHED PTY LTD (IN LIQUIDATION) ACN 062 072 557 v RABOBANK AUSTRALIA LIMITED (FORMERLY KNOWN AS PRIMARY INDUSTRY BANK OF AUSTRALIA LIMITED) ACN 001 621 129

File number: SAD 169 of 2009

Judge: BESANKO J

Date of judgment: 7 May 2010

Catchwords: CORPORATIONS – application to discharge examination summons – where one of two liquidators sought examination of company secretary of defendant and production of documents – where correspondence between liquidator's solicitors and defendant's solicitors suggested that liquidator's purpose was only to obtain documents – whether application amounted to an abuse of process because production of documents was not sought in aid of examination – whether categories of documents sought under summons were too wide and oppressive – whether application for examination summons had sufficient connection with proceeding to be brought in proceeding – whether one of two liquidators had standing Held: application dismissed – liquidator did not have sole purpose of obtaining documents – summons amended to limit documents to be produced – examination and production assisted liquidator's understanding of merits of proceeding – one of two liquidators appointed jointly and severally has standing to make application