Ariff v Fong [2010] NSWSC 696

Reported Decision : 79 ACSR 71 240 FLR 300

New South Wales Supreme Court

CITATION : Ariff v Fong [2010] NSWSC 696 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S) : 18/06/10

JUDGMENT DATE : 30 June 2010

JURISDICTION : Equity Division Corporations List

JUDGMENT OF : Barrett J

1. Order that the summons issued under s 596B of the Corporations Act 2001 (Cth) upon the application of Ian Kim Seng Fong summoning Yazni Ariff for examination be discharged. DECISION : 2. Order that each order for the production of documents made against Yazni Ariff on the application of Ian Kim Seng Fong be discharged. 3. Order that the application of Ian Kim Seng Fong (being the application for orders to the effect that examination of Yazni Ariff pursuant to the said summons proceed and that documents be produced by her) be dismissed. 4. Order that Yazni Ariff's costs of the applications of herself and Ian Kim Seng Fong determined by me this day be paid by Ian Kim Seng Fong.

CATCHWORDS : CORPORATIONS - voluntary administration - administration under deed of company arrangement - summons for examination issued under s 596B - applicant for summons an "eligible applicant" by virtue solely of ASIC authorisation - no time limit express or implied to "eligible applicant" status - deed of company arrangement terminated before any examination appointed or conducted - whether summons may be enforced and examination conducted after termination of deed - CONSTITUTIONAL LAW - judicial power of the Commonwealth - court empowered by Commonwealth law to order that person submit to examination about affairs of company subject to deed of company arrangement - examination inquisitorial in nature and of itself not judicial - whether power to compel examination incidental to judicial power - whether court given general supervisory jurisdiction with respect to company subject to deed of company arrangement