In the matter of Idoport Pty Ltd (in liq)(recs apptd) [2011] NSWSC 322

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Idoport Pty Ltd (in liq)(recs apptd) [2011] NSWSC 322 Hearing dates: 9 March 2011 Decision date: 08 April 2011 Jurisdiction: Equity Division - Corporations List Before: Ward J Decision: Discharge of examination summonses Catchwords: CORPORATIONS - application for access to confidential affidavits filed pursuant to section 596C(1) of the Corporations Act 2001 (Cth) - application for discharge of summonses - HELD - arguable case established for setting aside of summonses and necessary for access so as fairly to dispose of application - access to confidential affidavits granted - summonses seeking to examine about internal information of third parties not examinable affairs of corporation so basis for exercise of power to issue summonses not established - as matter of discretion would have set aside in any event due to fact that non disclosure of import of dispute as to Receivers' title - improper forensic advantage in now relying on summonses - examination summonses discharged Legislation Cited: Civil Procedure Act 2005 (NSW) Corporations Act 2001 (Cth) Federal Court of Australia Act 1976 (Cth) Uniform Civil Procedures Rules 2005 (NSW) Cases Cited: Commercial Union Insurance Australia v Fercon [1991] 2 NSWLR 389 Commonwealth of Australia v Sheahan, in the matter of Markethaven Pty Ltd (subject to a deed of company arrangement) [2004] FCA 1301 Gerah Imports Pty Ltd v The Duke Group Ltd (in liq) (1993) 61 SASR 557 Gould v Brown (1998) 193 CLR 346 Harris v Caladine (1991) 172 CLR 84 Hugh J Roberts and HongKong Bank v Murphy [1992] 28 NSWLR 512 Idoport v NAB [2005] NSWSC 752 In the matter of Mendarma Pty Ltd (in liq) [2006] NSWSC 1306 Jones v Dunkel Linden Gardens Trust Ltd v Lenesta Sludge Disposals Ltd [1994] 1 AC 85 Mendarma Meteyard & ors v Love & ors [2005] NSWCA 444 NAB v Market Holdings Pty Ltd (in liq) [2001] NSWSC 253 O'Brien v Wily (2009) 74 ACSR 145 Re Excel; Worthley v England 52 FCR 69 Re Turner Corporation Limited (in liq) (1995) 17 ACSR 761 Tomko v Palasty (No 2) (2007) 71 NSWLR 61 Walter Rau Neusser Oel Und Fett AG v Cross Pacific Trading Ltd [2005] FCA 955 White Industries (Qld) Pty Limited v Flower & Hart (1998) 156 ALR 169 Texts Cited: Austin and Black's Annotations to the Corporations Act Category: Principal judgment Parties: Michaela Jane Healey (First Plaintiff) Brendan Thomas Case (Second Plaintiff) Kevin Francis Courtney (Third Plaintiff) Roland Frank Matrenza (Fourth Plaintiff) Russell Allan McKimm (Fifth Plaintiff) David Milton Krasnostein (Sixth Plaintiff) Garry Francis Nolan (Seventh Plaintiff) John Morrison Stewart (Eighth Plaintiff) Nathan Jaymes Butler (Ninth Plaintiff) Cameron Anthony Clyne (Tenth Plaintiff) David Bannatyne (Eleventh Plaintiff) Geoffrey Donald Bennett (Twelfth Plaintiff) Helen Elizabeth Stogdale (Thirteenth Plaintiff) Janelle Suzanne Hopkins (Fourteenth Plaintiff) Robyn Lesley Weatherley (Fifteenth Plaintiff) John Sheahan (First Defendant) Ian Russell Lock (Second Defendant) Fulham Partners LLC (Third Defendant) Portsmouth Partners LLC (Fourth Defendant) Idoport Pty Ltd (in liq)(recs apptd) (Fifth Defendant) Representation: Counsel: J Gleeson SC with JR Williams (Plaintiffs) CR Newlinds SC with D Sulan (First and Second Defendants) T Jucovic QC with Miss T Wong (Third and Fourth Defendants) Solicitors: Freehills (Plaintiffs) Atanaskovic Lawyers (First & Second Defendants) DMAW Lawyers (Third and Fourth Defendants) File Number(s): 07/254047