Pleash, in the matter of Equititrust Limited (In Liquidation) (Receivers and Managers Appointed) (No 2) [2017] FCA 758

FEDERAL COURT OF AUSTRALIA

Pleash, in the matter of Equititrust Limited (In Liquidation) (Receivers and Managers Appointed) (No 2) [2017] FCA 758 File number: QUD 944 of 2016

Judge: REEVES J

Date of judgment: 11 July 2017

Catchwords: CORPORATIONS – application to set aside orders for examination under s 596A and production of documents under s 597(9) of the Corporations Act 2001 (Cth) – application for inspection of confidential documents and adjourn examination proceedings – whether arguable case that examination was being conducted for an improper purpose and therefore abuse of process – whether it was an improper purpose for examination to coincidentally advance the interests of unit holders in a trust where company is a trustee – whether it was an improper purpose for examination to identify examinee's ability to satisfy judgment – whether it was an improper purpose of examination to be used as a "dress rehearsal" for cross examination in a proceeding or to gain an unfair forensic advantage – whether liquidator's solicitors pursuing examination for improper purpose to advance personal interests – consideration of scope of "examinable affairs" under ss 9, 53, 53 AD and 64A(4) of the Corporations Act 2001 (Cth) where company is a trustee – whether liquidators made full and frank disclosure in ex parte application for summons to produce documents

Legislation: Australian Securities and Investments Commission Act 2001 (Cth) Corporations Act 2001 (Cth) Corporations Law Federal Court of Australia Act 1976 (Cth)