Federal Court of Australia
Federal Court of Australia
Shangri-La Construction Pty Ltd v Hyatt, in the matter of GVE Hampton Pty Ltd (in liquidation) [2020] FCA 1577 File number(s): VID 785 of 2019
Judgment of: BEACH J
Date of judgment: 30 October 2020
Catchwords: CORPORATIONS – insolvency – compulsory examinations by a creditor of an insolvent company –examination summonses against former directors – application to discharge summonses – r 11.5 of the Federal Court (Corporations) Rules 2000 (Cth) – whether examination summonses constitute an abuse of process – improper purpose – scope of examinations – ss 596A and 596B of the Corporations Act 2001 (Cth) – application to discharge examination summonses refused – ancillary orders made
Legislation: Corporations Act 2001 (Cth) ss 9, 197, 596A, 596B, 596C, 596F and 597 Federal Court (Corporations) Rules 2000 (Cth) r 11.5
Cases cited: ACN 004 410 833 Ltd (formerly Arrium Limited) (in liq) v Michael Thomas Walton [2020] NSWCA 157 Kimberley Diamonds Ltd v Arnautovic (2017) 252 FCR 244 Lamb (in his capacity as Liquidator of Redcastle Estate Pty Ltd) v Mentha [2010] FCA 695 New Zealand Steel (Australia) Pty Ltd v Burton (1994) 13 ACSR 610 Re Excel Finance Corporation Ltd (Receiver and Manager Appointed); Worthy v England (1994) 52 FCR 69 Re New Tel Ltd (in liq); Evans v Wainter Pty Ltd (2005) 145 FCR 176
Division: General Division
Registry: Victoria
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
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