Violi v Livingstone (Liquidator), in the matter of Suria Global (L) Pty Ltd (Receivers and Managers appointed) (in liq) [2023] FCA 1363

Federal Court of Australia

Violi v Livingstone (Liquidator), in the matter of Suria Global (L) Pty Ltd (Receivers and Managers appointed) (in liq) [2023] FCA 1363 File number: NSD 35 of 2023

Judgment of: PERRAM J

Date of judgment: 3 November 2023

Date of publication of reasons: 7 November 2023

Catchwords: BANKRUPTCY AND INSOLVENCY – application for extension of time to apply for discharge of examination summons – whether delay adequately explained – whether discharge application has merit – where examination of Applicant would occur prior to possible cross-examination in concurrent proceedings in the Supreme Court of New South Wales

Legislation: Evidence Act 1995 (Cth) s 140(2) Federal Court (Corporations) Rules 2000 (Cth) rr 1.3, 11.5(2) Federal Court Rules 2011 (Cth) r 1.39

Cases cited: Livingstone (Liquidator) v Lutui, in the matter of Suria Global (L) Pty Ltd (Receivers and Managers appointed) (in liq) [2023] FCA 609 Tamaya Resources Limited (in liq) v Deloitte Touche Tohmatsu (A Firm) [2016] FCAFC 2; 332 ALR 199

Division: General Division

Registry: New South Wales

National Practice Area: Commercial and Corporations

Sub-area: Corporations and Corporate Insolvency

Number of paragraphs: 34

Date of hearing: 3 November 2023

Counsel for the Applicant: Mr D A Priestley SC and Ms C Trahanas

Solicitor for the Applicant: Mayweathers

Counsel for the Respondents: Mr H Somerville and Mr D Meyerowitz-Katz

Solicitor for the Respondents: William James

ORDERS NSD 35 of 2023 IN THE MATTER OF SURIA GLOBAL (L) PTY LTD (RECEIVERS AND MANAGERS APPOINTED) (IN LIQUIDATION) BETWEEN: FRANK PAUL VIOLI Applicant