Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Rathner (Liquidator), in the matter of Reliance Franchise Partners Pty Ltd (in liq) [2019] FCA 1816 File number: WAD 350 of 2019
Judge: COLVIN J
Date of judgment: 6 November 2019
Catchwords: CORPORATIONS - where company in liquidation - where orders made on application of liquidators for examination summonses to issue to certain parties - application by those parties for orders deleting certain categories of documents required to be produced - application in the alternative for orders setting aside the summonses and orders - application for orders requiring liquidators to produce the affidavit in support of the application for orders made - whether orders and summonses were an abuse of process - where certain categories unclear - where certain broad categories could not be justified as relating to the examinable affairs of the company - those categories deleted or amended - applications otherwise dismissed
Legislation: Corporations Act 2001 (Cth) ss 596A, 596B, 596C, 596F Federal Court of Australia Act 1976 (Cth) s 35A Federal Court (Corporations) Rules 2000 (Cth) r 11.5
Cases cited: Deputy Commissioner of Taxation v Australian Securities and Investments Commission [2013] FCA 623 Mazukov v University of Tasmania [2004] FCAFC 159 Re New Tel Ltd (in liq); Evans v Wainter Pty Ltd [2005] FCAFC 114; (2005) 145 FCR 176 Simionato v Macks (1996) 19 ACSR 34 Trevor (Liquidator) v Evans [2017] FCAFC 36
Date of hearing: 4 November 2019
Registry: Western Australia
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