Re Clutha Limited (In Liquidation) [2003] NSWSC 235

Reported Decision : (2003) 44 ACSR 734 (2003) 21 ACLC 1232

New South Wales Supreme Court

CITATION : Re Clutha Limited (In Liquidation) [2003] NSWSC 235 HEARING DATE(S) : 28/03/03 JUDGMENT DATE : 31 March 2003

JUDGMENT OF : Gzell J DECISION : Directions limiting scope of examination and covering up material said to be privileged or confidential in documents produced. Interlocutory process otherwise dismissed.

CATCHWORDS : CORPORATIONS - Winding up - Application to set aside summons for examination and order for production - Inquiry as to remaining level of indemnity under policy indemnifying officers of the corporation - Proceedings by liquidator against officers - Whether inquiry oppressive - Order for production issued to insurer and summons for examination to its officer - Whether inquiry limited to defendants or potential defendants - A creditor funding liquidator and acquiring debts from other creditors - Whether inquiry in aid of third party - Whether abuse of process - Directions as to matters to be inquired into at examination. - PROCEDURE - Discovery - Whether access to affidavit in support of summons for examination should be granted - Covering up portions of documents said to be privileged or confidential Corporations Act 2001 (Cth) LEGISLATION CITED : Partnership Act 1892 Evidence Act 1995 Supreme Court Rules 1970 Grosvenor Hill (Qld) Pty Ltd v Barber (1994) 48 FCR 301 Re BPTC Ltd (in liquidation) (1993) 10 ACSR 756 Kelly v Murphy (1993) 12 ASCR 365 Re Interchase Corp Ltd (in liquidation) (No 2) (1993) 47 FCR 253 Gerah Imports Pty Ltd v The Duke Group Ltd (in liquidation) (1993) 12 ASCR 513 CASES CITED : Gerah Imports Pty Ltd v The Duke Group Ltd (in liquidation) (1994) 12 ASCR 600 Re BPTC Pty Ltd (in liquidation) (1994) 14 ASCR 460 Flanders v Beatty (1995) 16 ACSR 324 Boys v Quigley [2002] WASCA 99 Re Laurie Cottier Productions Pty Ltd (In Liquidation) (1992) 9 ACSR 513 Re BPTC Ltd (in liquidation), unreported, 16 March 1995 PARTIES : Timothy James Cuming as Liquidator of Clutha Limited (In Liquidation) - Plaintiff/Respondents David abbey and Pacific Indemnity Underwriting Agency Pty Ltd - Applicants FILE NUMBER(S) : SC 1834/03 COUNSEL : Mr RC Newlinds - For the Plaintiff/Respondent Mr SD Rares SC/ Mr G Lucarelli - Defendant/Applicant SOLICITORS : Piper Alderman Lawyers - Plaintiff/Respondent Minter Ellison - Applicant/Defendant