David v Livingstone (Liquidator), in the matter of Suria Global (L) Pty Ltd (Receivers and Managers appointed) (in liq) [2023] FCA 1663

Federal Court of Australia

David v Livingstone (Liquidator), in the matter of Suria Global (L) Pty Ltd (Receivers and Managers appointed) (in liq) [2023] FCA 1663 File number: NSD 35 of 2023

Judgment of: PERRAM J

Date of judgment: 1 December 2023

Date of publication of reasons: 22 December 2023

Catchwords: BANKRUPTCY AND INSOLVENCY – application to discharge examination summons and order to produce documents – application to access affidavit filed by liquidators in support of application for summons – whether examination would constitute abuse of process where related proceedings before the Supreme Court of New South Wales – whether category of documents sought too broad

Legislation: Corporations Act 2001 (Cth) ss 436, 596B, 596C, 596D(2)

Cases cited: Livingstone (Liquidator) v Lutui, in the matter of Suria Global (L) Pty Ltd (Receivers and Managers appointed) (in liq) [2023] FCA 609 Re Excel Finance Corporation Ltd (Receiver and Manager Appointed); Worthley v England (1994) 52 FCR 69 Violi v Livingstone (Liquidator), in the matter of Suria Global (L) Pty Ltd (Receivers and Managers appointed) (in liq) [2023] FCA 1363 Walton v ACN 004 410 833 Limited (formerly Arrium Limited) (in liquidation) [2022] HCA 3; 96 ALJR 166

Division: General Division

Registry: New South Wales

National Practice Area: Commercial and Corporations

Sub-area: Corporations and Corporate Insolvency

Number of paragraphs: 39

Date of hearing: 13 November 2023

Counsel for the Applicants: Mr T Kane

Solicitor for the Applicants: Moray & Agnew