Trevor, in the matter of Bell Group NV (in liq) (No 2) [2017] FCA 927

FEDERAL COURT OF AUSTRALIA

Trevor, in the matter of Bell Group NV (in liq) (No 2) [2017] FCA 927 File number(s): NSD 714 of 2016

Judge(s): JAGOT J

Date of judgment: 1 September 2017

Catchwords: CORPORATIONS – issue of examination summonses pursuant to an order of a Registrar – review of Registrar's decision – whether material before the Registrar in support of the issue of the summonses was subject to Parliamentary privilege – whether there was material non-disclosure to the Registrar –whether summonses for examination issued for improper purpose of gaining forensic advantage in Supreme Court of Western Australia proceedings – whether issue of summonses for examination oppressive in the circumstances – whether examination summonses should be set aside – summonses and order for production set aside

Legislation: Commonwealth of Australia Constitution Act 1900 (Cth) s 109 Corporations Act 2001 (Cth) ss 9, 53, 596A, 596B, 596C, 596D, 597 Federal Court of Australia Act 1976 (Cth) s 35A Judiciary Act 1903 (Cth) s 79 Federal Court (Corporations) Rules 2000 (Cth) rr 11.3, 11.5 Imperial Acts Application Act 1969 (NSW) s 6 Bell Group Companies (Finalisation of Matters and Distribution of Proceeds) Act 2015 (WA) Bell Group Companies (Finalisation of Matters and Distribution of Proceeds) Bill 2015 (WA) ss 4, 7, 22, 33, 36 Constitution Act 1889 (WA) s 2 Insurance Commission of Western Australia Act 1986 (WA) Parliamentary Privileges Act 1891 (WA)