Fletcher, in the matter of Secured Mortgage Management Limited v Pope [2013] FCA 1449

FEDERAL COURT OF AUSTRALIA

Fletcher, in the matter of Secured Mortgage Management Limited v Pope [2013] FCA 1449 Citation: Fletcher, in the matter of Secured Mortgage Management Limited v Pope [2013] FCA 1449

Parties: WILLIAM JOHN FLETCHER AND KATHERINE ELIZABETH BARNET IN THEIR CAPACITY AS LIQUIDATORS OF SECURED MORTGAGE MANAGEMENT LIMITED (IN LIQUIDATION) ACN 089 571 184 v MICHAEL CONRAD POPE

File number: QUD 494 of 2010

Judge: DOWSETT J

Date of judgment: 24 December 2013

Catchwords: CORPORATIONS – where liquidator issued summons under s 596B Corporations Act 2001 (Cth) – application to set aside summons – consideration of broad power of liquidator to issue summons – whether applicant's interest in privacy sufficient to have summons set aside – whether summons too broad in scope

Legislation: Corporations Act 2001(Cth) ss 9, 53, 596B, 597B Federal Court (Corporations) Rules 2000 (Cth)

Cases cited: Grosvenor Hill (Queensland) Pty Ltd v Barber and Another (1994) 120 ALR 262 applied

Date of hearing: 16 October 2012

Place: Brisbane

Division: GENERAL DIVISION

Category: Catchwords

Number of paragraphs: 29

Counsel for the Applicant: Mr C Wilson

Solicitor for the Applicant: McInnes Wilson

Solicitor for the Respondent: Mr P Challen of Hawthorn Cuppaidge & Badgery

IN THE FEDERAL COURT OF AUSTRALIA QUEENSLAND DISTRICT REGISTRY GENERAL DIVISION QUD 494 of 2010

IN THE MATTER OF SECURED MORTGAGE MANAGEMENT LIMITED (IN LIQUIDATION) ACN 089 571 184 BETWEEN: WILLIAM JOHN FLETCHER AND KATHERINE ELIZABETH BARNET IN THEIR CAPACITY AS LIQUIDATORS OF SECURED MORTGAGE MANAGEMENT LIMITED (IN LIQUIDATION) ACN 089 571 184