Colbran, in the matter of Original Co. Pty Ltd (in liquidation) v Wight [2022] FCA 323

Federal Court of Australia

Colbran, in the matter of Original Co. Pty Ltd (in liquidation) v Wight [2022] FCA 323 File number: VID 64 of 2021

Judgment of: ANASTASSIOU J

Date of judgment: 1 April 2022

Catchwords: CORPORATIONS – application for issue of arrest warrant – whether defendant failed to attend for examination without reasonable cause – whether Court's discretion weighs in favour of issuing warrant – warrant for arrest issued

Legislation: Federal Court (Corporations) Rules 2000 (Cth) r 11.10 Corporations Act 2001 (Cth) s 596A

Division: General Division

Registry: Victoria

National Practice Area: Commercial and Corporations

Sub-area: Commercial and Corporate Insolvency

Number of paragraphs: 14

Date of hearing: 21 February 2022

Solicitor for the Plaintiff: Mr J. Noonan of SLF Lawyers

Counsel for the Defendant: Defendant did not appear

ORDERS VID 64 of 2021

BETWEEN: DAVID MUTTON IN HIS CAPACITY AS LIQUIDATOR OF ORIGINAL CO. PTY LTD (IN LIQUIDATION) Plaintiff

AND: BRETT ASHLEY WIGHT Defendant

order made by: ANASTASSIOU J DATE OF ORDER: 1 april 2022

THE COURT ORDERS THAT:

1. The name of the plaintiff in the proceeding be amended to "Jonathon Colbran in his capacity as liquidator of Original Co. Pty Ltd (In liquidation) A.C.N. 159 245 486". 2. Pursuant to r 11.10 of the Federal Court (Corporations) Rules 2000 (Cth) a warrant issue addressed to the Sheriff to arrest Brett Ashley Wight and to bring that person before the court to be examined under section 596A of the Corporations Act 2001 (Cth) on oath or affirmation about the examinable affairs of Original Co. Pty Ltd (In liquidation) A.C.N. 159 245 486, detaining such person in custody in the meantime. 3. The examination of Brett Ashley Wight be adjourned to a date to be fixed. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.