Secatore, in the matter of Last Lap Pty Ltd (in liq) [2020] FCA 627

FEDERAL COURT OF AUSTRALIA

Secatore, in the matter of Last Lap Pty Ltd (in liq) [2020] FCA 627 File numbers: VID 687 of 2019 VID 1047 of 2019

Judges: ANDERSON J

Date of judgment: 14 May 2020

Catchwords: INSOLVENCY – company in liquidation for nearly 28 years – liquidator obtained issue of summonses for examination of various persons – application by examinee for liquidator's affidavit in support of issue of summonses – whether arguable case that issue of summonses exceeded court's power, and that access to supporting affidavit is likely to assist in that challenge – whether supporting affidavit ought to be disclosed to examinee – application by creditor of company in liquidation for provision by liquidator of information and documents relating to funding of examinations and subsequent proceedings – whether it is not reasonable for the liquidator to comply with the request for information and documents Held: application by examinee for disclosure of liquidator's supporting affidavit is granted – arguable case that issue of summonses exceeded court's power, and that access to supporting affidavit is likely to assist in that challenge – application by creditor for information and documents granted

Legislation: Corporations Act 2001 (Cth) ss 9, 50, 53, 53AA, 53AB, 53AC, 53AD, 64B, 477(2B), 596A, 596B, 596B(1), 596C, 596C(1), 596C(2), 596D(1)(b), 596D(2)(b), 597(5B), 600K, Sch 2, Insolvency Practice Schedule (Corporations) ss 70-90, 70-90(1), 70-90(3), 70-45, 70-45(1), 70-45(2), 70-45(2)(c), 70-45(3) Federal Court (Corporations) Rules 2000 (Cth) r 11.5 Insolvency Practice Rules (Corporations) 2016 (Cth) rr 70-15, 70-15(2), 70-15(2)(a), 70-15(2)(b), 70-15(2)(e), 70-15(2)(g)