Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Oswal v Burrup Holdings Limited [2011] FCA 609 Citation: Oswal v Burrup Holdings Limited [2011] FCA 609
Parties: PANKAJ OSWAL v BURRUP HOLDINGS LIMITED ACN 097 138 353 and BURRUP FERTILISERS PTY LTD (RECEIVERS AND MANAGERS APPOINTED) ACN 095 441 151
File number: WAD 67 of 2011
Judge: BARKER J
Date of judgment: 3 June 2011 Corrigendum: 21 July 2011
Catchwords: CORPORATIONS - rights of access to books and financial records by director - where director seeking inspection by his agents - whether granting access to documents would impede receiver in realising assets on behalf of the appointor - right of inspection at common or general law - Corporations Act 2001 (Cth) s 198F, s 290(2), s 421 and s 1303
Legislation: Corporations Act 2001 (Cth) s 9, s 198F, s 290, s 421, s 1303
Cases cited: Conway v Petronius Clothing Co Ltd [1978] 1 WLR 72; [1978] 1 All ER 185 Edman v Ross (1922) 22 SR (NSW) 351 Geneva Finance Ltd; Quigley (Receiver and Manager Appointed) v Cook (1992) 7 WAR 496 On Q Group Limited ACN 009 104 330 v McDougall [2007] VSC 184; (2007) 25 ACLC 910 Stern v Sekers [2010] NSWSC 59
Date of hearing: 27 May 2011
Date of last submissions: 31 May 2011
Place: Perth
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 109
Counsel for the Applicant: Mr P Collinson SC and Ms E Dias
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