Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Kirk, in the matter of Westlink Pty Ltd (Receivers Appointed) [2023] FCA 893 File number(s): QUD 463 of 2022
Judgment of: SARAH C DERRINGTON J
Date of judgment: 10 August 2023
Catchwords: CORPORATIONS – winding up – public examinations – application to set aside summonses for examination and production – whether abuse of process – whether reasonable hypothesis exists to support inquiry established by facts or circumstances – whether proposed inquiry speculative, far-fetched or misconceived – scope of "examinable affairs" – whether applicants have discharged onus
Legislation: Corporations Act 2001 (Cth) ss 9, 596A, 596B, 596C, 596D, 597(9) Evidence Act 1995 (Cth) s 56(2) Federal Court of Australia Act 1976 (Cth) s 35A Federal Court (Corporations) Rules 2000 (Cth) rr 11.5, 22.3(7) Federal Court Rules 2011 (Cth) rr 1.39, 3.11
Cases cited: Australasian Liquid Storage Pty Ltd (in liq) [2017] FCA 559; 121 ACSR 119 Pearce, in the matter of Bandiera Holdings Pty Ltd (receivers appointed) v Bandiera Holdings [2022] FCA 876 Carter v Gartner [2003] FCA 653; 130 FCR 99 Jewel of India Holdings Pty Ltd, In the matter of [2022] NSWSC 356; 160 ACSR 429 Imperial Continental Water Corp, Re (1886) 33 Ch D 314 Kimberley Diamonds Ltd v Arnautovic [2017] FCAFC 91; 252 FCR 244 Merrett, Ex parte (1997) 25 ACSR 146 Newheadspace Pty Ltd (in liq), Re [2020] NSWSC 173; 144 ACSR 224 Pitman v Park; Re BAM Recycling Pty Ltd (in liq) [2020] FCA 887 Southern Cross Petroleum Sales (SA) Pty Ltd (in liq) v Hirsch (1998) 70 SASR 527 Walton v ACN 004 410 833 Ltd (formerly Arrium Ltd) [2022] HCA 3; 399 ALR 1
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