Lucas (Receivers and Managers), in the matter of MSI Holdings Pty Ltd (Receiver and Managers Appointed) (in liq) [2012] FCA 1486

FEDERAL COURT OF AUSTRALIA

Lucas (Receivers and Managers), in the matter of MSI Holdings Pty Ltd (Receiver and Managers Appointed) (in liq) [2012] FCA 1486 Citation: Lucas (Receivers and Managers), in the matter of MSI Holdings Pty Ltd (Receivers and Managers Appointed) (in liq) [2012] FCA 1486

Parties: PETER ANTHONY LUCAS AND GLENN MICHAEL SHANNON IN THEIR CAPACITY AS RECEIVERS AND MANAGERS OF MSI (HOLDINGS) PTY LTD (RECEIVERS AND MANAGERS APPOINTED) (IN LIQUIDATION) ACN 120 419 409

File number: QUD 312 of 2012

Judge: LOGAN J

Date of judgment: 30 November 2012

Catchwords: CORPORATIONS – insolvency – summons for examination about a corporation's examinable affairs – interlocutory application seeking, inter alia, withdrawal of summons for examination for want of service – consideration of requirements for service – whether personal service had occurred – Court informed by Re Elkateb, Lawindi v Elkateb (2001) 187 ALR 479 – examinee was personally served, based on consideration of factual circumstances

Legislation: Corporations Act 2001 (Cth) s 596B Federal Court Rules 2011 (Cth) r 10.01, r 10.12 Federal Court (Corporations) Rules 2000 (Cth) r 1.3, r 11.10, r 11.4

Cases cited: Re Elkateb, Lawindi v Elkateb (2001) 187 ALR 479

Date of hearing: 30 November 2012

Place: Brisbane

Division: GENERAL DIVISION

Category: Catchwords

Number of paragraphs: 25

Counsel for the Applicant: Mr PA Looney

Solicitor for the Applicant: McInnes Wilson

IN THE FEDERAL COURT OF AUSTRALIA QUEENSLAND DISTRICT REGISTRY GENERAL DIVISION QUD 312 of 2012