Hewson v Gothard; In the matter of Allco Finance Group Ltd (Receivers and Managers Appointed) (In Liq) [2014] FCA 320

FEDERAL COURT OF AUSTRALIA

Hewson v Gothard; In the matter of Allco Finance Group Ltd (Receivers and Managers Appointed) (In Liq) [2014] FCA 320 Citation: Hewson v Gothard; In the matter of Allco Finance Group Ltd (Receivers and Managers Appointed) (In Liq) [2014] FCA 320

Parties: ALAN HEWSON & PATRICIA ANN HEWSON (IN THEIR PERSONAL CAPACITY AND IN THEIR CAPACITY AS TRUSTEES OF THE HEWSON SUPERANNUATION FUND) v PETER JAMES GOTHARD & STEVEN JOHN SHERMAN AS RECEIVERS AND MANAGERS OF ALLCO FINANCE GROUP LTD (RECEIVERS AND MANAGERS APPOINTED) (IN LIQUIDATION) (ACN 077 721 129)

File number: NSD 1295 of 2009

Judge: FOSTER J

Date of judgment: 1 April 2014

Catchwords: CORPORATIONS – whether persons who are considering suing (but have not yet sued) former directors of a failed corporation in liquidation should be granted access to transcripts of examinations conducted by ASIC pursuant to s 19 of Australian Securities and Investments Commission Act, 2001 (Cth) of former officers of the corporation and documentation related to those examinations in circumstances where those transcripts and documents were brought to Court in answer to subpoenas for production issued by the receivers of the corporation in aid of examinations to be conducted pursuant to Pt 5.9, Div 1 of the Corporations Act 2001 (Cth).

Legislation: Australian Securities and Investments Commission Act 2001 (Cth), ss 19-27, 486, 511 Corporations Act 2001 (Cth) ss 9, 596A, 596B, 596F, 597 and Pt 5.9, Div 1 Federal Court of Australia Act, 1976 (Cth) Part IVA Federal Court Rules 2011, Pt 7.3