Ford, in the matter of Careers Australia Group Ltd (in liquidation) [2021] FCA 613

Federal Court of Australia

Ford, in the matter of Careers Australia Group Ltd (in liquidation) [2021] FCA 613 File number: NSD 1381 of 2020

Judgment of: CHEESEMAN J

Date of judgment: 3 June 2021

Date of publication of reasons: 7 June 2021

Catchwords: CORPORATIONS – Liquidators' examinations – urgent application seeking an extension of time to set aside an examination summons of a director of company in liquidation – whether the predominant purpose of the public examination was an abuse of process – whether the liquidators sought to obtain a forensic advantage in proceedings in which the Examinee is a party – application to extend time denied

Legislation: Corporations Act 2001 (Cth), ss 569A Federal Court Rules 2000 (Cth), r 1.39 Federal Court (Corporations) Rules 2000 (Cth), r 1.10, r 11.5(2)

Cases cited: McEvoy v Commissioner of Taxation, in the matter of Careers Australia Group Limited (in liq) [2021] FCA 216 Re New Tel Ltd (in liq); Evans v Wainter Pty Ltd (2005) 145 FCR 176; 221 ALR 331; 54 ACSR 284; [2005] FCAFC 114 Accord Pacific Holdings Pty Ltd v Accord Pacific Land Pty Ltd (in liq) [2011] NSWSC 707 Ri Ji Woo International Education Centre Pty Ltd [2019] NSWSC 93; (2019) 134 ACSR 448 Trevor, in the matter of Bell Group NV (in liq) [2016] FCA 851; (2016) 116 ACSR 294 Re Bridgeport – Advisers & Asset Managers Pty Ltd [2005] NSWSC 757 Equititrust Ltd (in liq) (Receivers and Managers Appointed) (2014) 13 ABC (NS) 191; [2014] FCA 692 Hong Kong Bank of Australia Ltd v Murphy (1992) 28 NSWLR 512 Re Excel Finance Corp Ltd (Receiver and Manager Appointed); Worthley v England (1994) 52 FCR 69 Re Hugh J Roberts Pty Ltd (In Liq) [1970] 2 NSWR 582