In the matter of Xpress Fuel Australia Pty Ltd (Receivers and Managers Appointed) (Administrator Appointed) [2023] NSWSC 692

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Xpress Fuel Australia Pty Ltd (Receivers and Managers Appointed) (Administrator Appointed) [2023] NSWSC 692 Hearing dates: 19 June 2023 Date of orders: 20 June 2023 Decision date: 22 June 2023 Jurisdiction: Equity - Corporations List Before: Williams J Decision: Orders made for examination and production of documents pursuant to Civil Procedure Act 2005 (NSW) s 108 Catchwords: PRACTICE AND PROCEDURE — order for examination and production of documents pursuant to Civil Procedure Act 2005 (NSW) s 108 — application of s 108 to order requiring delivery up to plaintiffs of specified property in possession or under control of defendants Legislation Cited: Civil Procedure Act 2005 (NSW) ss 14, 108 Corporations Act 2001 (Cth) ss 429, 430 Cases Cited: Austress Freyssinet v Kowalski [2007] NSWSC 1105 Texts Cited: N/A Category: Procedural rulings Parties: Barry Kogan and Katherine Sozou in their capacity as joint and several receivers and managers of Xpress Fuel Australia Pty Ltd (Receivers and Managers Appointed) (Administrator Appointed) ACN 142 291 081 (First Plaintiff) Barry Kogan and Katherine Sozou in their capacity as joint and several receivers and managers of Xpress Group Australia Pty Ltd (Receivers and Managers Appointed) (Administrator Appointed) ACN 147 059 630 (Second Defendant) Barry Kogan and Katherine Sozou in their capacity as joint and several receivers and managers of Xpress Transport Solutions Pty Ltd (Receivers and Managers Appointed) (Administrator Appointed) ACN 128 784 216 (Third Plaintiff) Barry Kogan and Katherine Sozou in their capacity as joint and several receivers and managers of Xpress AG Pty Ltd (Receivers and Managers Appointed) (Administrator Appointed) ACN 645 093 894 (Fourth Plaintiff) Barry Kogan and Katherine Sozou in their capacity as joint and several receivers and managers of Press AG Pty Ltd in its own capacity and as trustee for Press AG Trust (Receivers and Managers Appointed) (Administrator Appointed) ACN 645 098 764 (Fifth Plaintiff) Barry Kogan and Katherine Sozou in their capacity as joint and several receivers and managers of Press Australia Pty Ltd in its own capacity and as trustee for Lassab Trust (Receivers and Managers Appointed) (Administrators Appointed) ACN 151 214 836 (Sixth Plaintiff) Xpress Fuel Australia Pty Ltd (Receivers and Managers Appointed) (Administrator Appointed) ACN 142 291 081 (Seventh Plaintiff) Xpress Group Australia Pty Ltd (Receivers and Managers Appointed) (Administrator Appointed) ACN 147 059 630 (Eighth Plaintiff) Xpress Transport Solutions Pty Ltd (Receivers and Managers Appointed) (Administrator Appointed) ACN 128 784 216 (Ninth Plaintiff) Xpress AG Pty Ltd (Receivers and Managers Appointed) (Administrator Appointed) ACN 645 093 894 (Tenth Plaintiff) Press AG Pty Ltd in its own capacity and as trustee for Press AG Trust (Receivers and Managers Appointed) (Administrator Appointed) ACN 645 098 764 (Eleventh Plaintiff) Press Australia Pty Ltd in its own capacity and as trustee for Lassab Trust (Receivers and Managers Appointed) (Administrators Appointed) ACN 151 214 836 (Twelfth Plaintiff) Mr Mark Bassal (First Defendant) Mr Jamie Reginal Thomas Brown (Second Defendant) Unified Holdings Pty Ltd (formerly Xpress Aust NSW Pty Ltd) ACN 666 849 163 (Third Defendant) Unified Fuel Solutions Pty Ltd (formerly Xpress Fuel Services Pty Ltd) ACN 666 848 184 (Fourth Defendant) Unified Transportation Pty Ltd (formerly Unified Group Admin Pty Ltd and XTS Pty Ltd) ACN 666 849 047 (Fifth Defendant) XTS Group Pty Ltd ACN 112 483 271 (Sixth Defendant) Representation: Counsel: Mr R A Yezerski with Mr S L Gerber (First to Twelfth Plaintiffs) No Appearance (First, Third, Fourth, Fifth, and Sixth Defendants) Mr J R T Brown (Litigant in person) (Second Defendant)