NSW Caselaw
Reported Decision : 54 ACSR 827 (2006) 24 ACLC 46
New South Wales Supreme Court
Boulos v Carter; Re TARBS World TV Australia Pty Ltd [2005] NSWSC 891 CITATION : This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S) : 26/08/05
JUDGMENT DATE : 2 September 2005
Equity Division JURISDICTION : Corporations List
JUDGMENT OF : Barrett J
DECISION : Originating process dismissed with costs
CATCHWORDS : CORPORATIONS - controllers - directors' rights of access to company documents and financial records - company in receivership - sales of property by receivers - directors seek order compelling grant of access to documents which "record and explain" all "transactions that the defendants have entered into as receivers and managers"
LEGISLATION CITED : Corporations Act 2001 (Cth), ss.9, 198F, 290, 421, 1303
Edman v Ross (1922) 22 SR (NSW) 351 Fox v Gadsden Pty Ltd (2003) 46 ACSR 713 Gomba Holdings Ltd v Minories Finance Ltd [1988] 1 WLR 1231 CASES CITED : Keyrate Pty Ltd v Hamarc Pty Ltd (2001) 38 ACSR 396 Metyor Inc v Queensland Electronic Switching Pty Ltd [2003] 1 QdR 186 Re Geneva Finance Ltd; Quigley v Cook (1992) 7 WAR 496 Stewart v Normandy NFM Limited [2000] SASC 344
Magdi Boulos - First Plaintiff Maria Regina Boulos - Second Plaintiff PARTIES : Phillip Patrick Carter and Martin Russell Brown in their capacity as receivers and managers of TARBS World TV Australia Pty Limited - First Defendants TARBS World TV Australia Pty Limited - Second Defendant
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