Heard, in the matter of GEBIE Services Pty Ltd (in liq) [2017] FCA 323

FEDERAL COURT OF AUSTRALIA

Heard, in the matter of GEBIE Services Pty Ltd (in liq) [2017] FCA 323 File number: SAD 29 of 2017

Judge: WHITE J

Date of judgment: 29 March 2017

Catchwords: PRACTICE AND PROCEDURE – application for directions to confine examination summonses issued at the request of liquidators – claim that the liquidators should be confined to enquiring into matters related to the examinable affairs of the company – claim that the liquidators should not be permitted to enquire into the personal assets, liabilities and finances of the applicants – held that, with the exception of some relatively minor matters, the summonses are not too wide and are not oppressive – the matters about which the liquidators wish to enquire and the documents sought do relate to the examinable affairs of the company.

Legislation: Corporations Act 2001 (Cth) ss 9, 53, 182, 596A, s 596B, 596C, 596D(2), 597(9)

Cases cited: Evans v Wainter Pty Ltd [2005] FCAFC 114; (2005) 145 FCR 176 Gerah Imports Pty Ltd v The Duke Group Ltd (in liq) (1993) 61 SASR 557 Godfrey as Liquidator of Pobje Agencies Pty Ltd (in liq) ACN 000 859 405 [2007] NSWSC 138 Grosvenor Hill (Qld) Pty Ltd v Barber (1994) 48 FCR 301 HP Mercantile Pty Ltd v Crouch; in the matter of Tumut River Orchard Management Ltd (in liq) ACN 003 501 611 [2009] FCA 1492 Meteyard v Love & Ors as Receivers and Managers of Southland Coal Pty Ltd [2005] NSWCA 444; (2005) 65 NSWLR 36 Re Bill Express Ltd (in liq) [2010] VSC 101; (2010) 238 FLR 329 Re Normans Wines Ltd (Receivers and Managers Appointed) (in liq); Harvey v Burfield [2004] SASC 171; (2004) 88 SASR 541