Hewson v Gothard; In the Matter of Allco Finance Group Ltd (Receivers and Managers Appointed) (In Liq) [2014] FCA 412

FEDERAL COURT OF AUSTRALIA

Hewson v Gothard; In the Matter of Allco Finance Group Ltd (Receivers and Managers Appointed) (In Liq) [2014] FCA 412 Citation: Hewson v Gothard; In the Matter of Allco Finance Group Ltd (Receivers and Managers Appointed) (In Liq) [2014] FCA 412

Parties: ALAN HEWSON AND PATRICIA ANN HEWSON (IN THEIR PERSONAL CAPACITY AND IN THEIR CAPACITY AS TRUSTEES OF THE HEWSON SUPERANNUATION FUND) v PETER JAMES GOTHARD AND STEVEN JOHN SHERMAN AS RECEIVERS AND MANAGERS OF ALLCO FINANCE GROUP LTD (RECEIVERS AND MANAGERS APPOINTED) (IN LIQUIDATION) (ACN 077 721 129); IN THE MATTER 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: 29 April 2014

Catchwords: COSTS – whether costs can and, if so, should be awarded in favour of successful non-parties against applicants who sought but failed to obtain access to documents and other materials produced to the Court in answer to subpoenas issued by the Court at the request of the Receivers of a corporation in receivership and in liquidation in connection with public examinations intended to be conducted by the Receivers pursuant to s 596A of the Corporations Act 2001 (Cth)

Legislation: Australian Securities and Investments Commission Act 2001 (Cth), s 19 Corporations Act 2001 (Cth), ss 486, 511, 596A, 596B, 596F(1)(e), 597(13) and 597(14) Federal Court of Australia Act 1976 (Cth), s 43 Federal Court (Corporations) Rules 2000, r 2.13(1) and r 2.13(3)