In the matter of Iconic Constructions Australia (NSW) Pty Ltd (in liquidation) [2020] NSWSC 1400

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Iconic Constructions Australia (NSW) Pty Ltd (in liquidation) [2020] NSWSC 1400 Hearing dates: 12 October 2020 Date of orders: 12 October 2020 Decision date: 12 October 2020 Jurisdiction: Equity Before: Ward CJ in Eq Decision: 1. Order pursuant to rule 11.10 of the Supreme Court (Corporations) Rules 1999 (NSW) that a warrant issue addressed to the Sheriff to arrest Mr Khalid El-Sheikh and to bring that person before the court for the purposes of these proceedings detaining that person in custody in the meantime. 2. Direct that the warrant be in the form annexed to the interlocutory process filed 25 September 2020. 3. Reserve leave to Mr Khalid El-Sheikh to apply on reasonable notice to the Corporations List Judge for the dissolution of order 1. 4. Note the applicant's solicitors to use their best endeavours to serve notice of these orders and notice of the warrant on Mr Khalid El-Sheikh. 5. Order that execution of the warrant be stayed until 4pm, 2 November 2020 and that the warrant not be executed unless Mr Khalid El-Sheikh fails to attend for examination pursuant to the Summons for Examination dated 6 December 2019 on 2 November 2020. 6. Costs of the application be reserved. 7. Order that these orders be entered forthwith. Catchwords: CORPORATIONS — Winding up — Public examination of directors, officers and others — Summons to attend court and be examined — Failure to attend at the examination — Whether an arrest warrant should be issued Legislation Cited: Supreme Court (Corporations) Rules 1999 (NSW), r 11.10 Cases Cited: In the matter of Asheville Pacific Pty Limited [2016] NSWSC 1969 In the matter of Fleurie Pty Ltd [2016] VSC 430 Mensink v Parbery (2018) 264 FCR 265; [2018] FCAFC 101 Struthers (in his capacity as liquidator) of PACI Pty Ltd [2005] NSWSC 864 Category: Procedural and other rulings Parties: Michael John Morris Smith in his capacity as Liquidator of Iconic Constructions Australia (NSW) Pty Ltd (in liquidation) (ACN 613 137 474) (Plaintiff)