Shepherds Producers Co-operative Ltd [2006] NSWSC 43

56 ACSR 579 Reported Decision : 65 NSWLR 381 (2006) 24 ACLC 336

New South Wales Supreme Court

CITATION : Shepherds Producers Co-operative Ltd [2006] NSWSC 43

HEARING DATE(S) : 06/02/06

JUDGMENT DATE : 10 February 2006

JURISDICTION : Equity Division Corporations List

JUDGMENT OF : Barrett J

DECISION : Direction that examination summonses be issued. Order for filing and service of affidavits of assets and liabilities.

CATCHWORDS : ASSOCIATIONS AND CLUBS - co-operative societies - application of Corporations Act provisions - CORPORATIONS - winding up - examination of officers - examination summonses previously issued but no longer extant - whether liquidator entitled to obtain issue of further examination summonses directed to same persons - whether also entitled to order that some of such persons file affidavit of assets and liabilities - concept of "examinable affairs" - whether persons concerned should have opportunity to be heard

Co-operatives Act 1992, ss.29, 229, 332 LEGISLATION CITED : Corporations Act 2001 (Cth), ss.596A, 597A Corporations (Ancillary Provisions) Act 2001, s.10, Part 3 Supreme Court (Corporations) Rules 1999, rules 11.3(2), 11(5)

Re New Tel Ltd (in liq); Evans v Wainter Pty Ltd (2005) 54 ACSR 284 Re Quick Plumbing Australia Pty Ltd [2005] FCA 1850 CASES CITED : Re Stoliar; Australian Securities and Investments Commission v Karl Suleman Enterprises Pty Ltd (in liq) (2003) 44 ACSR 694 Re The Duke Group Ltd; Gerah Imports Pty Ltd v The Duke Group Ltd (1994) 68 ALJR 196 Singleton re Original Displays (Australia) Pty Ltd [2003] NSWSC 459