In the matter of Nielsen & Moller Autoglass (NSW) Pty Limited (in liq) ; Geoffrey James Rankine & Anor v John Frederick Lord & Anor [2008] NSWSC 1197

New South Wales Supreme Court

CITATION : In the matter of Nielsen & Moller Autoglass (NSW) Pty Limited (in liq) ; Geoffrey James Rankine & Anor v John Frederick Lord & Anor [2008] NSWSC 1197

HEARING DATE(S) : 19 September 2008 and subsequent written submissions

JUDGMENT DATE : 14 November 2008

JUDGMENT OF : Hammerschlag J

DECISION : Orders for production set aside. Liquidators to pay the Rankines' costs of the application.

CATCHWORDS : CORPORATIONS - PRACTICE AND PROCEDURE – Orders for production – setting aside for oppression – respondents appointed special purpose liquidators ("the liquidators") of first defendant company with specific powers and functions ("the appointment order") – orders for production made, ancillary to summonses for examination issued pursuant to ss 596A and 596B of the Corporations Act 2001 (Cth), on ex parte application of liquidators ("the Orders") – applicants seek to set aside Orders in whole on the basis of oppression, or in part either on the basis that the Orders go beyond the authority given to the liquidators by the appointment order or on the basis that they compel production of privileged documents – procedure for claiming privilege where orders for production made ancillary to summonses for examination issued pursuant to ss 596A and 596B of the Corporations Act 2001 – Uniform Civil Procedure Rules 2005 (NSW) Pt 1 rr 1.8 and 1.9 considered – Meteyard v Love as Receivers and Managers of Southland Coal Pty Ltd (2005) 65 NSWLR 36 applied – Orders set aside

Corporations Act 2001 (Cth) Civil Procedure Act 2005 (NSW) LEGISLATION CITED : Uniform Civil Procedure Rules 2005 (NSW) Supreme Court Rules 1970 (NSW) Evidence Act 1995 (NSW)