NSW Caselaw
New South Wales Supreme Court
CITATION : Lollback v Brakepower Pty Ltd [2010] NSWSC 1332
HEARING DATE(S) : 16/11/10
JUDGMENT DATE : 16 November 2010
JURISDICTION : Equity Division Corporations List
JUDGMENT OF : Barrett J
EX TEMPORE JUDGMENT DATE : 16 November 2010
DECISION : In the end therefore, it is a question for the liquidator. He can elect not to read his affidavits and thereby protect himself from cross-examination or he can elect to read them and be cross-examined.
CATCHWORDS : PROCEDURE - cross-examination of deponent of affidavit - application for inquiry into conduct of liquidator under Corporations Act 2001 - liquidator wishes his affidavit to be read but says he should not be subjected to cross-examination - concurrent application for review of registrar's decision fixing liquidator's remuneration - liquidator's affidavit also relevant to that - whether cross-examination should be dispensed with
LEGISLATION CITED : Corporations Act 2001 (Cth), s 536
CATEGORY : Procedural and other rulings
Australian Securities and Investments Commission v Rich [2004] HCA 42; (2004) 220 CLR 129 CASES CITED : BL & GY International Co Ltd v Hypec Electronics Pty Ltd [2010] NSWSC 959; (2010) 79 ACSR 588 GPI Leisure Corporation Ltd v Herdsman Investment Pty Ltd (No 3) (1990) 20 NSWLR 15 Tomko v Palasty (No 2) [2007] NSWCA 369; (2007) 71 NSWLR 61
Mark Lollback - Plaintiff PARTIES : Brakepower Pty Ltd - First Defendant David Anthony Ross as Liquidator of Brakepower Pty Ltd - Second Defendant
FILE NUMBER(S) : SC 2010/18159
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