In the matter of Trio Capital Limited (In Liquidation) [2011] NSWSC 1483

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Trio Capital Limited (In Liquidation) [2011] NSWSC 1483 Hearing dates: Monday, 14 November 2011 Decision date: 14 November 2011 Jurisdiction: Equity Division - Corporations List Before: White J Decision: Refer to para [35] of judgment. Catchwords: CORPORATIONS - examination summons and orders for production - application to set aside examination summonses and orders for production - whether examination summonses and orders for production obtained for improper purpose - no basis for inferring examination summonses being used to conduct a dress rehearsal for cross-examination or to obtain a forensic advantage in contemplated proceeding that would not be available to it in those proceedings - examinations can be conducted to investigate existence and strength of potential causes of action - whether orders for production oppressive - whether orders for production should be set aside because they call for production of privileged documents - documents which might be subject to claim for privilege only small proportion of documents called for - application to set aside examination summonses and orders for production refused Legislation Cited: Corporations Act 2001 (Cth) Superannuation Industry (Supervision) Act 1993 (Cth) Evidence Act 1995 Civil Procedure Act 2005 Cases Cited: Meteyard v Love [2005] NSWCA 444; (2005) 65 NSWLR 36 In the matter of Southland Coal Pty Ltd [2006] NSWSC 184) Category: Interlocutory applications Parties: Cameron Patrick Anderson (1st Plaintiff) Michael James Anderson (2nd Plaintiff) CPI Complete Property Investments Pty Ltd (3rd Plaintiff) MARQ Asset Management Pty Ltd (4th Plaintiff) MARQ Capital Pty Ltd (5th Plaintiff) Mark Andrew Weller (6th Plaintiff) MARQ Property Investments (7th Plaintiff) ACT Super Management Pty Limited (Defendant) Representation: A J McInerney with G O'Mahoney (Plaintiffs) R Beech-Jones SC with J Kay Hoyle (Defendant) Ellison Tillyard Callanan Solicitors (Plaintiffs) File Number(s): 2011/339067