Ian Lawrence Struthers (in his capacity as liquidator) of P.A.C.I. Pty Ltd [2005] NSWSC 864

New South Wales Supreme Court

CITATION : Ian Lawrence Struthers (in his capacity as liquidator) of P.A.C.I. Pty Ltd [2005] NSWSC 864

HEARING DATE(S) : 23, 24 August 2005

JUDGMENT DATE : 24 August 2005

JUDGMENT OF : Brereton J

DECISION : See paragraph 51 of judgment.

CATCHWORDS : CORPORATIONS - external administration - winding up - liquidator's examination - failure of examinee to attend when summoned - warrant for arrest - grounds for issue - relevant discretionary considerations - whether order should be made ex parte - whether warrant should lie in the Registry before execution - whether provision should be made in warrant for examinee to give security for attendance - PROCEDURE - warrant for arrest to secure attendance of witness - grounds for issue - relevant discretionary considerations - whether order should be made ex parte - whether warrant should lie in the Registry before execution - whether provision should be made in warrant for witness to give security for attendance

Corporations Act s.596B Supreme Court (Corporations) Rules r.11.10 LEGISLATION CITED : Civil Procedure Act 2005, s.97 Uniform Civil Procedure Rules 2005 r.36.9, r.38.6

Actwane Limited (in liqu) [2002] NSWSC 512 Patton v Harrison (No. 1) (NSWCA 12 October 1989 unreported) CASES CITED : Schnabel v Lui [2002] NSWSC 1184 ASIC v Michalik (No 2) [2004] NSWSC 1260

Ian Lawrence Struthers PARTIES : Project Management, Architecture, Construction, Interior (in liquidation)

FILE NUMBER(S) : SC 3668 of 2005

COUNSEL : Mr Hodgekiss SC & Ms Soars (plaintiff)

Hunt & Hunt Lawyers SOLICITORS :