Oswal, in the matter of Burrup Fertilisers Pty Ltd (Receivers and Managers Appointed) v Carson, McEvoy and Theobald (Receivers and Managers) (No 3) [2013] FCA 357

FEDERAL COURT OF AUSTRALIA

Oswal, in the matter of Burrup Fertilisers Pty Ltd (Receivers and Managers Appointed) v Carson, McEvoy and Theobald (Receivers and Managers) (No 3) [2013] FCA 357 Citation: Oswal, in the matter of Burrup Fertilisers Pty Ltd (Receivers and Managers Appointed) v Carson, McEvoy and Theobald (Receivers and Managers) (No 3) [2013] FCA 357

Parties: PANKAJ OSWAL v IAN MENZIES CARSON, DAVID LAWRENCE MCEVOY AND SIMON GUY THEOBALD (IN THEIR CAPACITIES AS RECEIVERS AND MANAGERS OF BURRUP FERTILISERS PTY LTD (RECEIVERS AND MANAGERS APPOINTED) (ACN 095 441 151))

File number: WAD 370 of 2011

Judge: SIOPIS J

Date of judgment: 19 April 2013

Catchwords: CORPORATIONS – application for an inquiry into the conduct of receivers and managers of the assets and undertaking of a corporation based in Western Australia – s 423 of the Corporations Act 2001 (Cth) – whether the conduct complained of was such as would be liable to attract disciplinary sanctions – whether the conduct complained of gave rise to matters of factual and legal complexity so as to render it inappropriate to order an inquiry – whether it was appropriate to order an inquiry in respect of matters which were the subject of existing court proceedings - the receivers and managers did not have sufficient personnel located in Western Australia to carry out the work involved in the receivership – the receivers and managers used Melbourne based personnel to carry out the work – whether fees and expenses of the receivership were inflated by reason of the use of Melbourne based personnel – whether it was appropriate to order an inquiry into the extent to which fees were charged and expenses incurred by reason that the personnel were based in Melbourne - whether it was appropriate to order an inquiry into the propriety of the conduct of the receivers and managers in accepting the appointment.