Tolric Pty Ltd v Taylor as Liquidator of Bruck Textile Technologies Pty Ltd (in liq) [2015] FCA 1051

FEDERAL COURT OF AUSTRALIA

Tolric Pty Ltd v Taylor as Liquidator of Bruck Textile Technologies Pty Ltd (in liq) [2015] FCA 1051 Citation: Tolric Pty Ltd v Taylor as Liquidator of Bruck Textile Technologies Pty Ltd (in liq) [2015] FCA 1051

Parties: TOLRIC PTY LTD (ACN 003 023 943), MARK FOYS PTY LTD (ACN 052 917 183), AUSTRALIAN TEXTILE MILLS PTY LTD (ACN 600 018 693), AUSTRALIAN TEXTILE GROUP PTY LTD (ACN 154 306 868), BRUCK TEXTILES PTY LTD (ACN 164 226 500), SISELY PROPERTIES PTY LTD (ACN 003 389 099), GEOFFREY THOMAS PARKER and PHILIP JAMES BART v BARRY ANTHONY TAYLOR AND ANDREW FLETCHER NEEDHAM IN THEIR CAPACITY AS LIQUIDATORS OF BRUCK TEXTILE TECHNOLOGIES PTY LTD (IN LIQUIDATION)

File number: NSD 619 of 2015

Judge: MARKOVIC J

Date of judgment: 24 September 2015

Catchwords: CORPORATIONS – application to set aside orders for production– consideration of proper purpose – whether the production orders relate to the examinable affairs of the company – whether the production orders are oppressive – whether the production orders are ambiguous or unclear PRACTICE AND PROCEDURE – production of documents – order for production ancillary to examination orders - Corporations Act 2001 (Cth), s 596A, 596B, 596D – Federal Court Rules 2011, r 30.34 CORPORATIONS – application to set aside orders for production – legal professional privilege – procedure where claims for privilege are anticipated CORPORATIONS – application to set aside summons for examination – corporation's examinable affairs – terms of examination summons – consideration of proper purpose – whether oppressive, uncertain or too wide – power of Court – Corporations Act 2001 (Cth), s 596A, 596B, 596D