Application of Pino Fiorentino & William James Hamilton in Re - J&L International Pty Ltd [2009] NSWSC 1070

New South Wales Supreme Court

CITATION : Application of Pino Fiorentino & William James Hamilton in Re - J&L International Pty Ltd [2009] NSWSC 1070

HEARING DATE(S) : 28 September 2009 JURISDICTION : Equity Division Corporations List

JUDGMENT OF : Brereton J

EX TEMPORE JUDGMENT DATE : 28 September 2009

DECISION : Order for production set aside – examination adjourned – applicants to pay the liquidators' costs thrown away due to adjournment of examination on an indemnity basis

CATCHWORDS : CORPORATIONS – external administration – examination of officers – production of documents – application to set aside orders for production and adjournment of examination – where applicant contends that order is oppressive and abuse of process – court must be satisfied that particular examinations will be assisted or facilitated by production of particular documents – order for production extraordinarily wide – insufficient time to comply – where court cannot be satisfied that examination will be facilitated by production – held: order for production set aside – Where examinees claim that liquidators are pursuing examination for an improper purpose – where arguably inappropriate for liquidator to conduct examination – late application – held: examination adjourned – applicant to pay the liquidator's costs thrown away due to adjournment of examination on indemnity basis

LEGISLATION CITED : (CTH) Corporations Act 2001, s 596A (NSW) Civil Procedure Act 2005, s 68

CATEGORY : Procedural and other rulings

Meteyard v Love [2005] 65 NSWLR 36 Onefone Australia Pty Ltd v One.Tel Ltd [2007] NSWSC 1188 CASES CITED : Re BBPT Seat Limited No 5 (1993) 10 ACSR 756 Re BPTN Limited (1992) 8 ACSR 533 Re Leisure Developments Queensland Pty Limited v Lenn & Palmer (2002) 41 ACSR 276