In the matter of ACN 004 410 833 Limited (formerly Arrium Limited) (subject to deed of company arrangement) (No 2) [2018] NSWSC 1536

Supreme Court New South Wales

Medium Neutral Citation: In the matter of ACN 004 410 833 Limited (formerly Arrium Limited) (subject to deed of company arrangement) (No 2) [2018] NSWSC 1536 Hearing dates: 8, 9 October 2018 Date of orders: 09 October 2018 Decision date: 09 October 2018 Jurisdiction: Equity - Corporations List Before: Parker J Decision: See [22] Catchwords: CORPORATIONS – public examination – examination conducted by deed administrators and company authorised by ASIC – applications to allow creditors to access documents produced by compulsion at examination and to use those documents for certain purposes – factors relevant to the justification of access – whether Court should allow access to records of the examination – benefit to creditors of direct claims by lenders against former directors and officers – public interest Legislation Cited: Corporations Act 2001 (Cth), s 596F Supreme Court (Corporations) Rules 1999 (NSW), r 2.13 Cases Cited: In the matter of ACN 004 410 833 Limited (formerly Arrium Limited) (subject to deed of company arrangement) & the companies listed in Schedule 1 to the Interlocutory Process [2018] NSWSC 747 New Cap Reinsurance Corporation Holdings Limited [2001] NSWSC 835 Re Eurostar Pty Ltd (in liq) (Receivers and Managers Appointed) [2003] NSWSC 633 Category: Procedural and other rulings Parties: Listed Lenders in Schedule 1 Anchorage Capital Master Offshore Ltd KPMG Sarah Pearce UBS Herbert Smith Freehills Lazard Ernst & Young Representation: Counsel for the Applicants: M Izzo SC (Listed Lenders in Schedule 1) C Colquhoun (Anchorage Capital Master Offshore Ltd)