Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Lowden v Elliott Harvey Securities Ltd (No 2) [2016] FCA 740 File numbers: QUD 254 of 2012 QUD 494 of 2013
Judge: EDELMAN J
Date of judgment: 30 June 2016
Catchwords: CORPORATIONS – application for inspection of books and records of company in liquidation – purpose of application to facilitate litigation intimately related to the reason for liquidation – whether application is a "fishing expedition" – interests of justice require inspection to be ordered subject to legal professional privilege regime
Legislation: Corporations Act 2001 (Cth) ss 9, 198F, 247A, 486, 511(1)(b) Federal Court Rules 2011 (Cth) r 20.23(1)
Cases cited: Commissioner of Taxation v Warner [2015] FCA 659; (2015) 106 ACSR 670 Darambazar v Kara Minerals Ltd (in liq), in the matter of Kara Minerals Ltd (in liq) [2016] FCA 265 Expense Reduction Analysts Group Pty Ltd v Armstrong Strategic Management and Marketing Pty Limited [2013] HCA 46; (2013) 250 CLR 303 IACS Pty Ltd v Australian Flower Exports Pty Ltd (1993) 10 ACSR 769 Nut Trading Co (Aust) Pty Ltd v KKL (Kangaroo Line) Pty Ltd (1997) 25 ACSR 580 W M Scollay & Co (in liq) v South Pacific Energy Trading Pty (in liq) (1996) 21 ACSR 42 Wong v Sklavos [2014] FCAFC 120; (2014) 319 ALR 378
Date of hearing: 30 June 2016
Registry: Queensland
Division: General Division
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