ABC Learning Centres Limited, in the matter of ABC Learning Centres Limited; application by Walker (No. 11) [2012] FCA 40

FEDERAL COURT OF AUSTRALIA

ABC Learning Centres Limited, in the matter of ABC Learning Centres Limited; application by Walker (No. 11) [2012] FCA 40 Citation: ABC Learning Centres Limited, in the matter of ABC Learning Centres Limited; application by Walker (No. 11) [2012] FCA 40

Parties: PETER WALKER AND GREGORY MOLONEY IN THEIR CAPACITY AS THE LIQUIDATORS OF A.B.C. LEARNING CENTRES LIMITED (IN LIQUIDATION) (RECEIVERS AND MANAGERS APPOINTED) (NOW KNOWN AS ZYX LEARNING CENTRES LIMITED) AND THE COMPANIES LISTED IN SCHEDULE 1 and A.B.C. LEARNING CENTRES LIMITED (IN LIQUIDATION) (RECEIVERS AND MANAGERS APPOINTED) (NOW KNOWN AS ZYX LEARNING CENTRES LIMITED) AND THE COMPANIES LISTED IN SCHEDULE 1 v COMMONWEALTH BANK OF AUSTRALIA AND THE OTHERS LISTED IN THE SCHEDULE

File numbers: NSD 1846 of 2008 NSD 1257 of 2009

Judge: COWDROY J

Date of judgment: 3 February 2012

Catchwords: CORPORATIONS – liquidators seeking to be released from undertaking previously given to the Court not to provide certain documents to a litigation funder produced during examinations under the Corporations Act 2001 (Cth) – whether third party should have access to documents produced but not referred to during public examinations – whether confidentiality safeguards are effective CORPORATIONS – syndicate of banks seeking to set aside orders for production of documents in relation to examinations conducted under the Corporations Act 2001 (Cth) or to be excused from further production – whether the examinations were still continuing at the time of the production orders – whether the documents required under the production orders relate to the examinable affairs of the company – whether the production orders are oppressive – whether the production orders are ambiguous or uncertain