Oswal, in the matter of Burrup Fertilisers Pty Ltd (Receivers and Managers Appointed) v Carson, McEvoy and Theobald (Receivers and Managers) (No 8) [2015] FCA 404

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 8) [2015] FCA 404 Citation: Oswal, in the matter of Burrup Fertilisers Pty Ltd (Receivers and Managers Appointed) v Carson, McEvoy and Theobald (Receivers and Managers) (No 8) [2015] FCA 404

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: 30 April 2015

Catchwords: CORPORATIONS – inquiry into the conduct of receivers and managers under s 423 of the Corporations Act 2001 (Cth) – whether the defendants are entitled to rely upon the privilege against exposure to penalties – whether a direction should be made requiring the defendants to attend for examination by the Court.

Legislation: Corporations Act 2001 (Cth) ss 423, 1291, 1349(1), 1349(1)(l)

Cases cited: Rich v Australian Securities and Investments Commission (2004) 220 CLR 129 Artistic Builders Pty Ltd v Elliot & Tuthill (Mortgages) Pty Ltd [2002] NSWSC 16

Date of hearing: 26 March 2015

Place: Perth

Division: GENERAL DIVISION

Category: Catchwords

Number of paragraphs: 22

Counsel for the Plaintiff: Mr M Goldblatt

Solicitor for the Plaintiff: Murcia Pestell Hillard

Counsel for the Defendants: Mr M Connock QC and Mr J Graham

Solicitor for the Defendants: Herbert Smith Freehills