Lombe, in the matter of Babcock and Brown Ltd (in liq) [2022] FCA 957

FEDERAL COURT OF AUSTRALIA Lombe, in the matter of Babcock and Brown Ltd (in liq) [2022] FCA 957 File number: NSD 1359 of 2021

Judgment of: MARKOVIC J

Date of judgment: 18 August 2022

Catchwords: CORPORATIONS – examination orders – production orders – application to inspect affidavit filed in support of examination orders – application to inspect transcript of proceeding which resulted in the making of the examination orders – whether the summons and orders for production are unworkable – whether the issue of the summons was an abuse of process – whether subject matter of examinations will fall outside the definition of examinable affairs – whether respondent has waived any rights of confidentiality – application dismissed

Legislation: Corporations Act 2001 (Cth) ss 9, 53, 596A, 596B, 596C(2) Federal Court of Australia Act 1976 (Cth) s 35A(5) Federal Court (Corporations) Rules 2000 (Cth) rr 11.3(7), 11.5(2) Federal Court Rules 2011 (Cth) r 2.32

Cases cited: Harvey & Ors v Burfield & Smith as Liquidators of Normans Wines Limited (receivers and managers appointed) (in liq) [2003] SASC 192 Jane v Secatore (Liquidator), in the matter of Last Lap Pty Ltd (in liq) [2021] FCAFC 108 Re Excel Finance Corporation Ltd (Receiver and Manager appointed); Worthley v England (1994) 52 FCR 69 Re Moage Ltd (in liq); Sheahan v Pitterino (1997) 77 FCR 81 Secatore, in the matter of Last Lap Pty Ltd (in liq) [2020] FCA 627 Walton v ACN 004 410 833 Limited (formerly Arrium Limited (in liquidation) [2022] HCA 3; 96 ALJR 166