Federal Court of Australia
Federal Court of Australia
Secatore, in the matter of Last Lap Pty Ltd (in liq) (No 3) [2020] FCA 1289 File number(s): VID 687 of 2019
Judgment of: ANDERSON J
Date of judgment: 10 September 2020
Date of publication of reasons: 15 September 2020
Catchwords: INSOLVENCY – application by examinee to set aside examination summonses issued to applicant and third parties – applicant alleged summonses are not about the examinable affairs of the company in liquidation – applicant alleged liquidator's affidavit supporting the issue of the summonses contained material non-disclosures which ensure the summonses should be discharged – whether summonses are not about the examinable affairs of the company in liquidation – whether the liquidator's affidavit supporting the issue of the summonses contained material non-disclosures Held: categories of documents listed in the summonses do not adequately indicate that the matters the liquidator intends to examine are not about the examinable affairs of the company in liquidation such that the summonses should be set aside before the examination has occurred – no material non-disclosures in liquidator's affidavit – application dismissed
Legislation: Corporations Act 2001 (Cth), ss 9, 50, 53, 53AA, 596A, 596B, 596D, 597, s 597B Federal Court of Australia Act 1976 (Cth), s 35A(6) Federal Court Rules 2011 (Cth), r 1.32 Federal Court (Corporations) Rules 2000 (Cth), rr 11.3, 11.5
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate