In the matter of PIC Lindfield 19 Pty Ltd (in liq) [2022] NSWSC 271

Supreme Court New South Wales

Medium Neutral Citation: In the matter of PIC Lindfield 19 Pty Ltd (in liq) [2022] NSWSC 271 Hearing dates: 7 and 11 March 2022 Date of orders: 15 March 2022 Decision date: 15 March 2022 Jurisdiction: Equity - Corporations List Before: Williams J Decision: Application dismissed, see paragraph [132]. Catchwords: CORPORATIONS – winding up – where company in liquidation – examination of persons about examinable affairs of corporation – application to set aside summonses issued under Corporations Act s 596B for examination – whether examinees have an arguable case to discharge the examination summonses for alleged material non-disclosure – where examinees are parties to pending civil proceedings – where substantial overlap between issues in pending civil proceedings and company's examinable affairs – where no evidence that liquidators are involved or presently intend to be involved in pending civil proceedings – no material nondisclosure – whether, if summons not discharged, examination should be conducted in private – whether forensic advantage afforded to party means examination should be conducted in private Legislation Cited: Civil Procedure Act 2005 (NSW), s 68 Corporations Act 2001 (Cth), ss 237, 439C, 440D, 500, 596A, 596B, 596C, 1317E, 1317H, 1317J Cases Cited: Accord Pacific Holdings Pty Ltd v Accord Pacific Land Pty Ltd (in liq) [2011] NSWSC 707 Hong Kong Bank of Australia Limited v Murphy (1992) 28 NSWLR 512 In the matter of Mendarma Pty Ltd (in liq) (2006) 24 ACLC 1611; [2006] NSWSC 1306 In the matter of One Twenty Seven Corporation Pty Ltd (1995) 13 ACLC 1600 In the matter of Coretel Pty Ltd; Linker v Nilant (2003) 48 ACSR 178 New Zealand Steel (Australia) Pty Ltd v Burton (1994) 13 ACSR 610 O'Brien v Wily (2009) 76 NSWLR 428; (2009) 74 ACSR 145; [2009] NSWSC 946 Re Equititrust Ltd (in liq) (receivers and managers apptd) (2017) 122 ACSR 299; [2017] FCA 758 Sutherland v Pascoe; In the matter of Matrix Group Limited as trustee for the Matrix Group Unit Trust (in liq) ACN 061 549 371 [2013] FCAFC 15 Walton v ACN 004 410 833 Limited (formerly Arrium Ltd) (in liq) [2022] HCA 3 Category: Principal judgment Parties: Marlas Maole Zhu (First Applicant) Qizhen Zhu (Second Applicant) Meijuan Pang (Third Applicant) Moussa Taktak (Fourth Applicant) Zaki Hajjar (Fifth Applicant) Australia Property Management & Services Pty Ltd (Sixth Applicant) Monado Constructions Pty Ltd (Seventh Applicant) Guardian Accounting Services Pty Ltd (Eighth Applicant) PIC Warriewood Pty Ltd (Ninth Applicant) PIC Caddens 1 Pty Ltd (Tenth Applicant) PIC Paramatta 1 Pty Ltd (Eleventh Applicant) PIC Royal Investments Pty Ltd (Twelfth Applicant) PIC Warrawee 1 Pty Ltd (Thirteenth Applicant) Primo Investment Corporation Pty Ltd (Fourteenth Applicant) Sky Financial Services Pty Ltd (Fifteenth Applicant)