Pleash, in the matter of Equititrust Limited (In Liquidation) (Receivers and Managers Appointed) (No 3) [2017] FCA 1074

FEDERAL COURT OF AUSTRALIA

Pleash, in the matter of Equititrust Limited (In Liquidation) (Receivers and Managers Appointed) (No 3) [2017] FCA 1074 File number: QUD 944 of 2016

Judge: REEVES J

Date of judgment: 8 September 2017

Catchwords: CORPORATIONS – application for review of Deputy District Registrar's orders for production of documents under s 597(9) of the Corporations Act 2001 (Cth) – whether documents sought were beyond the scope of the examination – where examinee was a beneficiary under discretionary trusts and the sole director of the corporate trustees of the trusts – whether control exception applied where beneficiary controls the distribution of trust assets – application of Part VI Division 4A of the Bankruptcy Act 1966 (Cth) – whether documents sought were relevant to matters which the examination relates or will relate

Legislation: Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) Bankruptcy Act 1966 (Cth) Corporations Act 2001 (Cth) Evidence Act 1995 (Cth) Family Law Act 1975 (Cth) Federal Court of Australia Act 1976 (Cth)

Cases cited: Australian Securities and Investments Commission v Carey (No 6) (2006) 153 FCR 509; [2006] FCA 814 Boys v Quigley (2002) 26 WAR 454; [2002] WASCA 99 Evans v Wainter Pty Ltd (2005) 145 FCR 176; [2005] FCAFC 114 Finch v Telstra Super Fund Pty Ltd (2010) 242 CLR 254; [2010] HCA 36 Fordyce v Ryan [2016] QSC 307 Kennon v Spry (2008) 238 CLR 366; [2008] HCA 56 Pleash, in the matter of Equititrust Limited (In Liquidation) (Receivers and Managers Appointed) (No 2) [2017] FCA 758 Re Kwiatek and Kwiatek; Ex parte Big J Ltd v Pattison (1989) 21 FCR 374 Swishette Pty Ltd v Australian Competition and Consumer Commission [2017] FCAFC 45