Parberry, in the matter of Queensland Nickel Pty Ltd (in liq) [2017] FCA 881

FEDERAL COURT OF AUSTRALIA

Parberry, in the matter of Queensland Nickel Pty Ltd (in liq) [2017] FCA 881 File number: QUD 580 of 2016

Judge: DOWSETT J

Date of judgment: 9 May 2017

Catchwords: PRACTICE AND PROCEDURE – application to adjourn an examination pursuant to the Corporations Act 2001 (Cth) – where the examinee is allegedly unable to attend for medical reasons – application dismissed

Legislation: Corporations Act 2001 (Cth)

Date of hearing: 9 May 2017

Registry: Queensland

Division: General Division

National Practice Area: Commercial and Corporations

Sub-area: General and Personal Insolvency

Category: Catchwords

Number of paragraphs: 11

Counsel for the Plaintiff: Mr T Sullivan QC

Solicitor for the Plaintiff King & Wood Mallesons

Counsel for Clive Frederick Palmer: Mr A Boe and Mr D Fuller

Solicitor for Clive Frederick Palmer: Alexander Law

ORDERS QUD 580 of 2016 IN THE MATTER OF QUEENSLAND NICKEL PTY LTD (IN LIQUIDATION) ACN 009 842 068 STEPHEN JAMES PARBERRY, MARCUS WILLIAM AYRES AND MICHAEL ANDREW OWEN IN THEIR CAPACITY AS LIQUIDATORS OF QUEENSLAND NICKEL PTY LTD (IN LIQUIDATION) ACN 009 842 068 Plaintiff

JUDGE: DOWSETT J DATE OF ORDER: 9 MAY 2017

THE COURT ORDERS THAT:

1. the interlocutory application for an adjournment of Mr Palmer's examination be dismissed; 2. on or before 10am on 10 May 2017, the special purpose liquidators file and serve an outline of issues to be canvassed in the examination of Mr Palmer and an outline of submissions as to the basis upon which said liquidators claim to be entitled to examine Mr Palmer concerning such issues; 3. on or before 12pm on 10 May 2017, Mr Palmer file and serve any submissions in answer to the said liquidators' submissions; 4. the examination of Mr Palmer continue at midday on 10 May 2017 before the Honourable Justice Dowsett; and 5. costs be reserved. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.