Goyal, in the matter of Biotech Energy Pty Ltd (Receivers and Managers appointed) [2023] FCA 653

FEDERAL COURT OF AUSTRALIA

Goyal, in the matter of Biotech Energy Pty Ltd (Receivers and Managers appointed) [2023] FCA 653 File number(s): NSD 1037 of 2022

Judgment of: HALLEY J

Date of judgment: 15 June 2023

Catchwords: CORPORATIONS – examination summons – service – arrest warrant in aid of examination summons – failure to attend without reasonable cause – Federal Court Corporations Rules 2000 (Cth) r 11.10

Legislation: Corporations Act 2001 (Cth) s 596B Federal Court (Corporations) Rules 2000 (Cth) r 11.10 Federal Court Rules 2011 (Cth) rr 10.23, 10.24 Supreme Court (Corporations) Rules 1999 (NSW) r 11.10

Cases cited: Australasian Meat Industry Employees Employers Union v Mudginberri Station Pty Ltd (1986) 161 CLR 98; [1986] HCA 46 Mensink v Parbery (2018) 264 FCR 265; [2018] FCAFC 101 Ian Lawrence Struthers (in his capacity as liquidator) of P.A.C.I. Pty Ltd [2005] NSWSC 864 In the matter of Brentwood Village Limited [2015] NSWSC 1342

Division: General Division

Registry: New South Wales

National Practice Area: Commercial and Corporations

Sub-area: Corporations and Corporate Insolvency

Number of paragraphs: 52

Date of hearing: 15 June 2023

Counsel for the Plaintiffs: Mr D Stack

Solicitor for the Plaintiffs: Baker McKenzie

ORDERS NSD 1037 of 2022 IN THE MATTER OF BIOTECH ENERGY PTY LTD (RECEIVERS AND MANAGERS APPOINTED) (ACN 653 465 644) RAHUL GOYAL AND CATHERINE MARGARET CONNEELY IN THEIR CAPACITIES AS JOINT AND SEVERAL RECEIVERS AND MANAGERS OF CERTAIN ASSETS OF BIOTECH ENERGY PTY LTD (RECEIVERS AND MANAGERS APPOINTED) (ACN 653 465 644) First Plaintiff