Re Bagomba Pastoral Company Pty Ltd (in Liq) & The Corporations Law [1999] NSWSC 902

New South Wales Supreme Court CITATION : Re Bagomba Pastoral Company Pty Ltd (in Liq) & The Corporations Law [1999] NSWSC 902 revised - 08/09/99 CURRENT JURISDICTION : Equity FILE NUMBER(S) : 4235/98 HEARING DATE(S) : 1 & 2 September 1999 JUDGMENT DATE : 2 September 1999

PARTIES : Gregory Paul Kelly in his capacity as Liquidator of Bagomba Pastoral Company Pty Ltd (in Liq) (P) JUDGMENT OF : Hamilton J

COUNSEL : P J Dowdy (P) SOLICITORS : Henry Davis York (P) CATCHWORDS : CORPORATIONS [322] - Supervision, regulation and correction - Examination - Scope of examination - Access to documents - Solicitor's lien not ground not to produce in answer to order under Corporations Law s 597 - Conditions on which access to documents produced will be granted; PROFESSIONS [170] - Lawyers - Liens - Possessory liens - Incidents of lien - Production - Lien not ground not to produce in answer to order under Corporations Law s 597 - Conditions on which access to documents produced will be granted. ACTS CITED : Corporations Law, s 597 Bolster v McCallum (1966) 85 WN (Pt 1) (NSW) 281 Hammerstone Pty Ltd v Lewis [1994] 2 QdR 267 CASES CITED : In the Marriage of Rhode; Borthwick Butler and Yee, Intervening, (1983) 9 FamLR 159 R v Storer (1993) 111 FLR 243 Re Electronic Learning Systems International Pty Ltd (In Liq) [1988] 2 QdR 144 DECISION : Documents ordered to be produced. Access granted on conditions.

IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION

HAMILTON J FRIDAY, 2 SEPTEMBER 1999

4235/98 RE BAGOMBA PASTORAL COMPANY PTY LTD (IN LIQUIDATION) and THE CORPORATIONS LAW APPLICATION OF GREGORY PAUL KELLY IN HIS CAPACITY AS LIQUIDATOR OF BAGOMBA PASTORAL COMPANY PTY LTD (IN LIQUIDATION)