APPLICATION OF DORAN CONSTRUCTIONS PTY. LIMITED (IN LIQUIDATION) [1999] NSWSC 177

Reported Decision : (1999) 17 ACLC 644

New South Wales Supreme Court CITATION : APPLICATION OF DORAN CONSTRUCTIONS PTY. LIMITED (IN LIQUIDATION) [1999] NSWSC 177 revised - 31/08/99 CURRENT JURISDICTION : Equity Division FILE NUMBER(S) : No. 5112 of 1998 HEARING DATE(S) : 8th March 1999 JUDGMENT DATE : 8 March 1999

PARTIES : Doran Constructions Pty. Limited JUDGMENT OF : Hodgson CJinEq

COUNSEL : Mr. Braham for liquidator Mr. A. Martin for Examinees SOLICITORS : Parish Patience, Sydney for liquidator Christopher C. Freeman & Co. for examinees CATCHWORDS : CORPORATIONS - Winding Up - Summons to Produce Books - Application to Set Aside; Summons to produce books required production of correspondence between connected entities of the corporation and their auditor. Application brought to set aside relevant paragraphs, except to the extent that the items in question related or appeared to relate to the corporation. There was evidence that the financial viability of the corporation was bound up with that of the connected entities. HELD that, in the absence of evidence to the contrary, it could be inferred that all the correspondence was, or appeared to be, relevant to the corporation; and that no justification was shown for imposing any limitation on the paragraphs. Corporations Law ss.9 ACTS CITED : 596A 596D. DECISION : See judgment

5

IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION

CORAM: HODGSON,CJ IN EQ.

Monday 8th March 1999

NO. 5112 OF 1998 APPLICATION OF DORAN CONSTRUCTIONS PTY. LIMITED (IN LIQUIDATION)

JUDGMENT