Oswal, in the matter of Burrup Fertilisers Pty Ltd (Receivers and Managers Appointed) v Carson, McEvoy and Theobald (Receivers and Managers) (No 6) [2014] FCA 1435

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 6) [2014] FCA 1435 Citation: Oswal, in the matter of Burrup Fertilisers Pty Ltd (Receivers and Managers Appointed) v Carson, McEvoy and Theobald (Receivers and Managers) (No 6) [2014] FCA 1435

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(s): WAD 370 of 2011

Judge(s): SIOPIS J

Date of judgment: 24 December 2014

Catchwords: CORPORATIONS – inquiry into the conduct of receivers and managers – whether statement of proposed relief sought relief which was unavailable – whether application needed to be made to expand the scope of the inquiry – whether allegations made in the statement of facts and contentions went beyond the scope of the inquiry as ordered.

Legislation: Corporations Act 2001 (Cth) ss 180, 181, 182, 183, 423, 423(1), 536, 1290(1), 1317E, 1317G, 1317J, 1317J(1), 1317J(4)

Cases cited: Oswal, in the matter of Burrup Fertilisers Pty Ltd (Receivers and Managers Appointed) v Carson, McEvoy and Theobald (Receivers and Managers) (No 4) [2013] FCA 398 Ah Toy v Registrar of Companies (1986) 10 FCR 356 BL & GY International Co Ltd v Hypec Electronics Pty Ltd (2010) 79 ACSR 558

Date of hearing: 15 October 2014

Place: Perth

Division: GENERAL DIVISION

Category: Catchwords