Onefone Australia Pty Ltd v One.Tel Ltd [2007] NSWSC 268

Reported Decision : 61 ACSR 429

New South Wales Supreme Court

CITATION : Onefone Australia Pty Ltd v One.Tel Ltd [2007] NSWSC 268 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S) : 13/03/07

JUDGMENT DATE : 27 March 2007

JURISDICTION : Equity Division Corporations List

JUDGMENT OF : Barrett J

DECISION : Interlocutory processes dismissed with costs

CATCHWORDS : CORPORATIONS - winding up - examination of officers and others by special purpose liquidator - application for discharge of examination summonses - whether examinations of two persons summoned would be oppressive and an abuse of process because they had already been examined by general liquidators and by ASIC - where evidence shows that each such person had answered that his prior examination had not covered all relevant knowledge - where general liquidator had stated in evidence that no attempt had been made to canvass relevant subject fully in earlier examinations - where applicants advance various grounds for conclusion that all possible causes of action that special purpose liquidator may investigate are hopeless - consideration of various matters relevant to statutory causes of action - extent to which conclusions on availability and viability of causes of action to liquidator should be reached upon an application of this kind - whether order extending time under s.588FF(3)(b) and made within the specified three year period may be varied by an order made after the end of the three year period which extends time further so that the further extension is the product of an application made within the three year period - application for access to s.596C affidavit by applicants' legal advisers on confidential basis - application for direction that examinations be restricted to specified matters