In the matter of Force Corp Pty Ltd (Recs and Mgrs Apptd) (in liq) [2018] NSWSC 896

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Force Corp Pty Ltd (Recs and Mgrs Apptd) (in liq) [2018] NSWSC 896 Hearing dates: 4 June 2018 Decision date: 15 June 2018 Before: Gleeson JA Decision: (1) The subpoena to produce documents dated 30 April 2018 issued to Christopher Hill by the first, second, third and fourth defendants be set aside, save par (c) of the revised categories dated 30 May 2018 (but not including the Pickles Valuation, the AAM Report or the Tiger Asset Group report dated 30 July 2015).

(2) The first, second, third and fourth defendants pay Mr Hill's costs of the interlocutory process filed on 15 May 2018. Catchwords: CORPORATIONS – subpoenas – application to set aside subpoena – where company and its liquidators commenced proceedings against directors for alleged insolvent trading – where directors alleged that the receivers failed to take reasonable care to ensure company assets were sold for market value or for best price – where the directors issued subpoena for documents to the receivers relating to the sale process of company assets – whether subpoena lacked a legitimate forensic purpose – whether subpoena too wide and oppressive Legislation Cited: Civil Procedure Act 2005 (NSW), ss 56, 57 Corporations Act 2001 (Cth), ss 420A, 588G, 588M Supreme Court of New South Wales, Practice Note SC Eq 11 Cases Cited: Alister v R (1984) 154 CLR 404; [1983] HCA 45 Attorney-General for New South Wales v Dylan Chidgey [2008] NSWCCA 65 Cosco Holdings Pty Ltd v Federal Commissioner of Taxation (1997) 37 ATR 432 Expo International Pty Ltd v Chant [1979] 2 NSWLR 820 ICAP Pty Ltd v Moebes [2009] NSWSC 306 Mitchell Warren Ball (in his capacity as official liquidator of Wealthfarm Group Services) v Nicholas Quinn Sinclair [2015] NSWSC 2103 New Price Retail Services Pty Ltd v Hanna [2012] NSWSC 422 Perrine v Carrello [2017] WASCA 151 Portal Software International Pty Ltd v Bodsworth [2005] NSWSC 1115 R v Saleam [1999] NSWCCA 86 Re Mempoll Pty Ltd [2012] NSWSC 1057 Re North Coast Transit Pty Ltd [2013] NSWSC 1912 Re Salfa Pty Ltd (in liq) [2014] NSWSC 1493 Re Swan Services Pty Ltd (in liq) [2016] NSWSC 1724 Spencer Motors Pty Ltd v LNC Industries Ltd [1982] 2 NSWLR 921 The Owners Strata Plan SP 69567 v Baseline Constructions Pty Ltd [2012] NSWSC 502 Trade Practices Commission v Arnotts Ltd (No 2) (1989) 88 ALR 90 Category: Principal judgment Parties: Christopher Hill (in his capacity as receiver and manager of Force Corp Pty Ltd (Recs and Mgrs Apptd) (in liq) (Applicant) Mr Ian Johnson (First Defendant) Mr Gary Ash (Second Defendant) Mr Drew Semken (Third Defendant) Mr Carmelo Caltabiano (Fourth Defendant) Representation: Counsel: Ms M Ellicott (Applicant) Mr A d'Arville (Defendants)