Korda (Receiver and Manager), in the matter of South Eastern Secured Investments Limited (Receivers and Managers Appointed) [2010] FCA 1417

FEDERAL COURT OF AUSTRALIA

Korda (Receiver and Manager), in the matter of South Eastern Secured Investments Limited (Receivers and Managers Appointed) [2010] FCA 1417 Citation: Korda (Receiver and Manager), in the matter of South Eastern Secured Investments Limited (Receivers and Managers Appointed) [2010] FCA 1417

Parties: MARK KORDA AND CRAIG SHEPARD IN THEIR CAPACITY AS RECEIVERS AND MANAGERS OF SOUTH EASTERN SECURED INVESTMENTS LIMITED (RECEIVERS AND MANAGERS APPOINTED)

File number: VID 710 of 2010

Judge: FINKELSTEIN J

Date of judgment: 10 December 2010

Catchwords: CORPORATIONS – receivership – examination under s 596B of the Corporations Act 2001 (Cth) – summons issued to employee of the Legal Practice Liability Committee – secrecy provision – whether an examination is a "proceeding" for the purposes of s 6.6.13(2) of the Legal Profession Act 2004 (Vic) – examinable affairs – whether examinable affairs includes the value of an insurance policy issued to a defendant

Legislation: Corporations Act 2001 (Cth) s 596B Legal Profession Act 2004 (Vic) ss 3.5.2, 3.5.6, 6.6.13

Cases cited: Allstate Explorations NL, Re; Ryan v QBE Insurance Ltd (2003) 46 ACSR 379 Appleton, French & Scrafton, Ltd, Re [1905] 1 Ch 749 Beall, Re; Ex parte Beall [1894] 2 QB 135 Cheney v Spooner (1928) 41 CLR 532 Clutha Ltd (in liq), Re (2003) 44 ACSR 734 Gerah Imports Pty Ltd v The Duke Group Ltd (in liq) (1993) 61 SASR 557 GPI Leisure Corp Ltd (in liq), Re (1994) 12 ACLC 815 Griffin v Pantzer (2004) 137 FCR 209 Grosvenor Hill (Qld) Pty Ltd v Barber (1994) 48 FCR 301 Interchase Corp Ltd, Re (1996) 68 FCR 481 Meteyard v Love (2005) 65 NSWLR 36 O'Brien v Wily (2009) 74 ACSR 145 Southland Coal Pty Ltd, Re (recs & mgrs apptd) (in liq) (2006) 58 ACSR 113