Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Gothard v Fell, in the matter of Allco Finance Group Ltd (receivers and managers appointed) (in liq) [2012] FCA 495 Citation: Gothard v Fell, in the matter of Allco Finance Group Ltd (receivers and managers appointed) (in liq) [2012] FCA 495
Parties: PETER JAMES GOTHARD & STEVEN JOHN SHERMAN AS RECEIVERS AND MANAGERS OF ALLCO FINANCE GROUP LTD (RECEIVERS AND MANAGERS APPOINTED) (IN LIQUIDATION) v GORDON EDWARD CHRISTOPER FELL AND DAVID RAYMOND COE
File number: NSD 1295 of 2009
Judge JACOBSON J
Date of judgment: 15 MAY 2012
Catchwords: CORPORATIONS – compulsory examinations concerning corporation – subpoenas issued by receivers and managers for documents and transcripts obtained under the compulsory process PRACTICE AND PROCEDURE – application to release receivers and managers from confidentiality undertakings – whether special circumstances exist
Legislation: Australian Securities Investment Commission Act 2001 (Cth), ss 19, 30, 33 and 50 Corporations Act 2001 (Cth), Part 5.9, ss 9, 180, 181, 596A and 596D
Cases cited: Adam P Brown Male Fashions Pty Ltd v Philip Morris Inc (1981) 148 CLR 170 Ambridge Investments Pty Ltd v Baker [No 3] [2010] VSC 545 Duke Group Ltd (in liq) v Pilmer (1993) 60 SASR 29 Harvey v Phillips (1956) 95 CLR 235 Johns v Australian Securities Commission (1993) 178 CLR 408 Liberty Funding Pty Ltd v Phoenix Capital Ltd (2005) 218 ALR 283 Maronis Holdings Limited v Nippon Credit Australia Ltd (2000) 18 ACLC 609 R D Werner & Co Inc v Bailey Aluminium Products Pty Limited (1988) 18 FCR 389 Re BPTC Ltd (in liq) (No 3) (1993) 29 NSWLR 708 Re BTPC Ltd (in liq) (1993) 10 ACSR 756 Re Eurostar Pty Ltd (in liq) [2003] NSWSC 633 Re New Cap Reinsurance Corp Holdings Ltd; Gibbons [2001] NSWSC 835 Re Southern Equities Corporation Ltd (in liq); Bond v England (1997) 25 ASCR 394 Royal Guardian Mortgage Corporation Pty Ltd v Australian Mortgage Securities Pty Ltd [2011] NSWSC 967 Spedley Securities Ltd (in Liq) v Bank of New Zealand (1991) 26 NSWLR 711 Springfield Nominees Pty Ltd v Bridgeland Securities Ltd (1992) 38 FCR 217 Wellness Pty Ltd v Hamilton-Bond & Co [2002] NSWSC 1259 Wright Prospecting Pty Limited v Hancock Prospecting Pty Limited [No 8] [2008] WASC 20
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