Re: Eurostar Pty Ltd (In Liquidation) (Receivers and Managers Appointed) & Ors [2003] NSWSC 633

New South Wales Supreme Court

CITATION : Re: Eurostar Pty Ltd (In Liquidation) (Receivers and Managers Appointed) & Ors [2003] NSWSC 633 HEARING DATE(S) : 11 July 2003 JUDGMENT DATE : 11 July 2003 JURISDICTION: Equity JUDGMENT OF : Campbell J DECISION : Some disclosure of documents permitted, some refused.

CATCHWORDS : CORPORATIONS - receivers managers and controllers - when receiver appointed "eligible applicant" for purpose of conducting examinations under Part 5.9 Corporations Act 2001 - circumstances for receiver to disclose documents produced under compulsory process for such an examination - CORPORATIONS - winding up - "eligible applicant" appointed to conduct examinations - circumstances in which that "eligible applicant" can disclose documents produced on compulsory process for purpose of the examination LEGISLATION CITED : Corporations Act 2001 (Cth) CASES CITED : New Cap Reinsurance Corporation Holding Limited [2001] NSWSC 835; [2001] ACL Rep 120 NSW 145 Wellness Pty Limited v Hamilton-Bond & Co [2002] NSWSC 1259 David John Winterbottom - (Plaintiff/Applicant) - As Receiver of: Eurostar Pty Limited (In Liq) (Receivers and Managers Appointed) King Bros Bus Service Aldavilla Pty Limited (In Liq) (Receivers and Managers Appointed) King Bros Bus Service Bellbrook Pty Limited (In Liq) (Receivers and Managers Appointed) King Bros Bus Service Coffs Harbour Pty Limited (In Liq) (Receivers and Managers Appointed) King Bros Bus Service Crescent Head Pty Limited (In Liq) (Receivers and Managers Appointed) King Bros Bus Service Grafton Pty Limited (In Liq) (Receivers and Managers Appointed) King Bros Bus Service Great Lakes Pty Limited (In Liq) (Receivers and Managers Appointed) PARTIES : King Bros Bus Service Iluka Pty Limited (In Liq) (Receivers and Managers Appointed) King Bros Bus Service Kempsey Pty Limited (In Liq) (Receivers and Managers Appointed) King Bros Bus Service Nambucca Valley Pty Limited (In Liq) (Receivers and Managers Appointed) King Bros Bus Service Port Macquarie Pty Limited (In Liq) (Receivers and Managers Appointed) King Bros Bus Service South West Rocks Pty Limited (In Liq) (Receivers and Managers Appointed) King Bros Bus Service Taree Pty Limited (In Liq) (Receivers and Managers Appointed) King Bros Bus Service Wagga Wagga Pty Limited (In Liq) (Receivers and Managers Appointed) King Bros Bus Service Yamba Pty Limited (In Liq) (Receivers and Managers Appointed) M B Sales Australia Pty Limited (In Liq) (Receivers and Managers Appointed) AP & PJ King Pty Limited (In Liq) (Receivers and Managers Appointed) FILE NUMBER(S) : SC 2390/03 J Stoljar - (Plaintiffs/Applicant) K Horler AM QC - (A & P King) COUNSEL : CRC Newlinds - (Esanda) J White - (CBA, CBFC Limited & Warwick Marks) R Lancaster - (Irisbus) L Shipway, solicitor - (DaimlerChrysler Australia/Pacific) Mallesons Stephen Jaques - (Plaintiffs/Applicant) Prider & Co Lawyers - (A & P King) SOLICITORS : Minter Ellison - (Esanda) L E Taylor - (CBA, CBFC Limited, Warwick Marks) Blake Dawson Waldron - (Irisbus) Allens Arthur Robinson - (DaimlerChrysler Australia/Pacific)