NSW Caselaw
New South Wales Supreme Court
CITATION : Onefone Australia Pty Ltd v One.Tel Ltd [2007] NSWSC 1188
HEARING DATE(S) : 18/10/07
JUDGMENT DATE : 23 October 2007
JURISDICTION : Equity Division Corporations List
JUDGMENT OF : Barrett J
DECISION : Interlocutory process dismissed
CATCHWORDS : CORPORATIONS - winding up - special purpose liquidator appointed by court in voluntary winding up - application by special purpose liquidator for order compelling third party to produce documents - whether any such order would be properly regarded as made in proceedings in which liquidator was appointed - or as adjunct to Part 5.9 examinations liquidator has undertaken
Australian Securities and Investments Commission Act 2001 (Cth), s.127(1) LEGISLATION CITED : Civil Procedure Act 2005, s.68 Corporations Act 2001, Part 5.3A, Part 5.9 Supreme Court Rules, Part 36 rule 12
Meteyard v Love (2005) 65 NSWLR 36 Re Allstate Exploration NL; Ryan v QBE Insurance Ltd (2003) 46 ACSR 379 Re BPTC Ltd (No 2) (1992) 8 ACSR 533 CASES CITED : Re BPTC Ltd (No 5) (1993) 10 ACSR 758 Re English Joint Stock Bank (1866) LR 3 Eq 203 Re Leisure Developments (Qld) Pty Ltd; Ell v Palmer (2002) 41 ACSR 276 Re Timberland Ltd; Commissioner for Corporate Affairs v Harvey [1980] VR 669
Onefone Australia Pty Limited - First Plaintiff DCA Resources Australia Pty Limited - Second Plaintiff Pacific Finance Group Pty Limited - Third Plaintiff PARTIES : Talent2 Works Pty Ltd - Fourth Plaintiff One.Tel Limited - First Defendant Steven Sherman - Second Defendant Peter Walker - Third Defendant Paul Gerard Weston - Special Purpose Liquidator
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