In the matter of Oneoz Pty Ltd (subject to Deed of Company Administration) [2019] NSWSC 1247

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Oneoz Pty Ltd (subject to Deed of Company Administration) [2019] NSWSC 1247 Hearing dates: 17 September 2019 Date of orders: 17 September 2019 Decision date: 17 September 2019 Jurisdiction: Equity - Corporations List Before: Rees J Decision: Interlocutory Process filed 3 September 2019 dismissed with costs: see [28] Catchwords: CORPORATIONS — Examinations — By deed administrator — Orders for production — Application to set aside orders for production issued to non-examinees — Whether deed administrator has power to issue examination summonses absent express provision in deed — Where investigation of central element of DOCA — Whether material non-disclosure in application to Registrar — Whether scope of orders too broad — Application dismissed. Legislation Cited: Corporations Act 2001 (Cth), s 444C, 596A, 597 Corporations Regulations 2001 (Cth), Sch. 8A Uniform Civil Procedure Rules 2005 (NSW), r 49.19 Cases Cited: Flanders v Beatty; Re Brash Holdings Limited (1995) 16 ACSR 324; (1995) 13 ACLC 529 Hong Kong Bank of Australia Ltd v Murphy (1992) 28 NSWLR 512 Onefone Australia Pty Ltd v One.Tel Ltd [2007] NSWSC 1188 Re Southern Equities Corporation Limited (In Liq) (1997) 25 ACSR 394 Re One Twenty Seven Corporation Pty Ltd (1995) 13 ACLC 1,600 Category: Procedural and other rulings Parties: William Watson (First Applicant) TCW Pty Limited (Second Applicant) Isthmus Holdings Pty Limited (Third Applicant) Strathleigh Investments Pty Limited (Fourth Applicant)