In the matter of Brentwood Village Limited [2015] NSWSC 1342

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Brentwood Village Limited [2015] NSWSC 1342 Hearing dates: 29 July 2015 Date of orders: 29 July 2015 Decision date: 29 July 2015 Jurisdiction: Equity - Corporations List Before: Brereton J Decision: Orders made permitting persons to be present at examinations for the purpose of objecting to questions; examination summons set aside; interlocutory processes otherwise dismissed. Catchwords: CORPORATIONS – examinations relating to insolvency – matters for inquiry – application to limit inquiry to matters not subject of court proceedings – oppression or abuse of process – where examination legitimately gives liquidator 'forensic advantage' in proceedings – whether improper purpose.

CORPORATIONS – examinations relating to insolvency – application for leave to be present at examinations and to take objections to questions amounting to abuse of process – scope of (CTH) Corporations Act 2001, s 596F, to direct that interested person be represented at examination – where potential for examination to impact on person's rights.

CORPORATIONS – examinations relating to insolvency – application to set aside examination summons – where issued under Corporations Act, s 596A, in relation to person not subject to mandatory examination – failure to exercise discretion. Legislation Cited: (CTH) Corporations Act, s 596A, s 596B, s 596F(1), s 597, s 597(5A), s 597(16) Cases Cited: Meteyard v Love [2005] NSWCA 444; (2005) 65 NSWLR 36; 224 ALR 588; 56 ACSR 487 In the matter of Mustang Marine Australia Services Pty Ltd [2014] NSWSC 136 In the matter of Normans Wines Ltd (Receivers and Managers appointed) (in liq); Harvey v Burfield [2004] SASC 171 Re Rothwell Ltd (provisional liquidator appointed) (1989) 7 ACLC 576; 15 ACLR 168 Category: Procedural and other rulings Parties: Terrigal Grosvenor Lodge Pty Limited ACN 000 868 057 (first applicant) Veronica Klumper-Peters (second applicant) Scott Darren Pascoe as liquidator of Brentwood Village Limited (in liquidation) ACN 002 570 087 (respondent) Representation: Counsel: P Braham SC w D Neggo (first applicant) J E Thomson (second applicant) R Newlinds SC w J Hynes (respondent)