Federal Court of Australia
Federal Court of Australia
Orbis Commodities Pty Ltd v Pacific Investment Holding Pty Ltd; in the matter of Orbis Commodities Pty Ltd (Receiver and Manager Appointed) (Administrators Appointed) [2021] FCA 1316 File number: NSD 1019 of 2021
Judgment of: STEWART J
Date of judgment: 26 October 2021
Catchwords: CORPORATIONS – application for the review and setting aside of orders made by a registrar for summonses to produce documents for examinations into examinable affairs of companies in administration – whether orders made by registrar were beyond power on account of requiring production separately from and prior to the examination of witnesses – whether production of documents pursuant to summons would put summoned party in contempt of orders made by a foreign court – whether that is a ground to set aside summons – registrar's orders varied
Legislation: Corporations Act 2001 (Cth) ss 596A, 596B, s 597(9) Federal Court (Corporations) Rules 2000 (Cth) r 16.1 Federal Court Rules 2011 (Cth) r 30.34 Companies Act 2009 (Solomon Islands) s 68
Cases cited: Bank of Valletta PLC v National Crime Authority [1999] FCA 791; 164 ALR 45 Brannigan v Davison [1997] AC 238 Re Australasian Liquid Storage Pty Ltd (in liq) [2017] FCA 559; 121 ACSR 119 Re Blue Ridge WA Pty Ltd (in liq) [2015] FCA 567 Re Digital Infrastructure Pty Ltd (in liq) [2021] FCA 1274 Re Orbis Commodities Pty Ltd (administrators appointed) (receiver and manager appointed) [2021] NSWSC 1172
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