Murray Roderick Godfrey as Liquidator of Pobjie Agencies Pty Ltd (in liquidation) ACN 000 859 405 [2007] NSWSC 138

Reported Decision : 61 ACSR 54 (2007) 25 ACLC 796

New South Wales Supreme Court

CITATION : Murray Roderick Godfrey as Liquidator of Pobjie Agencies Pty Ltd (in liquidation) ACN 000 859 405 [2007] NSWSC 138

HEARING DATE(S) : 26/10/06, 30/10/06

JUDGMENT DATE : 28 February 2007

JURISDICTION : Equity Division Corporations List

JUDGMENT OF : White J

DECISION : 1. Direct pursuant to s 596F(1)(a) of the Corporations Act that the matters to be inquired into in the examination of the applicants not include the dealings of Vero Insurance Limited with any builder other than: (a) Pobjie Agencies Pty Limited (In Liq) ("Pobjie"); or (b) any builder having dealings with Pobjie; 2. order that the interlocutory process dated 26 October 2006 be otherwise dismissed; 3. order that the applicants pay the respondent's costs of the interlocutory process.

CATCHWORDS : CORPORATIONS – Examinations relating to insolvency - Application to set aside summonses for examination – Whether summonses sought for dominant improper purpose – Whether summons related to "examinable affairs" of a corporation – Consideration of ss 9, 53 and 596F(1)(a) of the Corporations Act – Whether liquidator had full knowledge of relevant matters – Liquidator's entitlement to investigate existence of possible causes of action – Whether liquidator's affidavit misleading or failed to disclose material matters – Discretion to set aside examination summons – Application to set aside examination summons refused. - COSTS – Application for security for costs against liquidator refused – Applicants liable for costs of application.

Corporations Act 2001 (Cth) LEGISLATION CITED : Home Building Act 1989 (NSW) Fair Trading Act 1987 (NSW)