In the matter of Hunter Bulk Materials Pty Ltd (subject to a deed of company arrangement) [2011] NSWSC 639

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Hunter Bulk Materials Pty Ltd (subject to a deed of company arrangement) [2011] NSWSC 639 Hearing dates: 20 June 2011 Decision date: 24 June 2011 Jurisdiction: Equity Division - Corporations List Before: Ward J Decision: Access granted to transcript/documents for examination Catchwords: CIVIL PROCEDURE - application to set aside or vary orders made in relation to examinations pursuant to s 597 of the Corporations Act 2001 (Cth) - CORPORATIONS - application for access to transcript of examinations and documents the subject of earlier orders restricting access thereto - HELD - examinations to be treated as if held in public - access granted to examination transcript and documents Legislation Cited: Civil Procedure Act 2005 (NSW) Corporations Act 2001 (Cth) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Friedrich v Herald and Weekly Times Ltd (1990) VR 995 GPI Leisure Corp Ltd (rec & mgr apptd) v ANI Corp Ltd (1981) 6 ACSR 412 Hong Kong Bank of Australia Ltd v Murphy (1992) 28 NSWLR 512 In the matter of Hunter Bulk Materials Pty Ltd (subject to a deed of company arrangement) [2011] NSWSC 467 In the matter of re: Mypolonga Co-Operative Society; Re: River Equity Pty Ltd; Du Bois v Carter [1998] SASC 7199 Meteyard v Love (2005) 65 NSWLR 36 New Cap Reinsurance Corporation Holdings Limited (ARBN 076 137 249) and the Corporations Law [2001] NSWSC 835 Parbery Re Trio Capital Ltd [2010] NSWSC 775 Re Botafogo Pty Ltd (1992) 10 ACSR 31 Re BPTC (in liq) (1992) 7 ACSR 539; 10 ACLC 877 Re Hugh J Roberts Pty Ltd (In liq) [1970] 2 NSWR 582 Re Lazar International Pty Ltd (In Liquidation) [1990] VR 799 Re Normans Wines Ltd (Receivers and Managers appointed) (In Liq); Harvey v Burfield (2004) 88 SASR 541 Re Southern Equities Corporation Ltd (in liq) (1998) 28 ACSR 159 Re Spedley Securities Ltd (1990) 2 ACSR 266 Re: Eurostar Pty Ltd (In Liquidation) (Receivers and Managers Appointed) & Ors [2004] NSWSC 462 Texts Cited: Austin & Black's Annotations to the Corporations Act Australian Corporation Law Principles and Practice Ford's Principles of Corporations Law Keenan, PJ, "Investigations by External Administrators" (1995) 13 C&SLJ 368 Maiden, S, "Tensions between the Public and Private Purposes of Examinations under Pt 5.9 of the Corporations Act 2001 (Cth)" (2004) 12 Insolv LJ 28 McPherson's Law of Company Liquidation Parker, G, "Liquidator's Examinations" (1993) ABR 25 Category: Procedural and other rulings Parties: Wambo Coal Terminal Pty Ltd (Applicant) Adam Shepard (in his capacity as deed administrator of Hunter Bulk Materials Pty Ltd) (subject to a deed of company arrangement) (First Respondent) Laing O'Rourke (BMC) Pty Ltd (Second Respondent) Representation: Counsel M Dempsey SC and Ms JA Steele (Applicant) F P Hicks (Second Respondent) Solicitors Holding Redlich (Applicant) Brown Wright Stein (First Respondent) Mallesons Stephen Jaques (Second Respondent) File Number(s): 06/257402