In the matter of Iris Diversified Property Pty Ltd (in liq) [2019] NSWSC 1482

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Iris Diversified Property Pty Ltd (in liq) [2019] NSWSC 1482 Hearing dates: 24 October 2019 Date of orders: 24 October 2019 Decision date: 24 October 2019 Jurisdiction: Equity - Corporations List Before: Black J Decision: Paragraph 6 of the Amended Interlocutory Process dated 14 October 2019 be dismissed. The Applicants pay the Respondents' costs of and incidental to that paragraph, including the costs of the hearing. Catchwords: CORPORATIONS – winding up – public examination of directors, officers and others – application for access to affidavit in support of examination summonses – where affidavit in support of examination summonses also includes detail supporting orders for production – whether access to affidavit should be ordered under r 11.3(7) of the Supreme Court (Corporations) Rules 1999 (NSW). Legislation Cited: - Corporations Act 2001 (Cth) ss 596A, 596B, 596C - Supreme Court (Corporations) Rules 1999 (NSW) rr 11.3(7), 11.5(2) Cases Cited: - Hancock v Rinehart (Trust documents) [2018] NSWSC 1684 - Hancock v Rinehart [2019] NSWSC 1451 - Meteyard v Love [2005] NSWCA 444; (2005) 65 NSWLR 36 - Re Cardinal Group Pty Ltd (in liq) [2018] NSWSC 748 - Re Excel Finance Corp Limited (rec and mgr apptd) (1994) 52 FCR 69 - Re Iris Diversified Property Pty Ltd (in liq) [2018] NSWSC 834 - Re Ji Woo International Education Centre Pty Ltd [2019] NSWSC 93 - Re New Tel Ltd (in liq); Evans v Wainter Pty Ltd [2005] FCAFC 114; (2005) 145 FCR 176 - Wily Re LED (South Coast) Pty Ltd [2009] NSWSC 946; (2009) 76 NSWLR 428 Texts Cited: - Austin & Black's Annotations to the Corporations Act Category: Procedural and other rulings Parties: Wassim Arnaout (First Applicant) Rodney Paul Hawkins (Second Applicant) Iris Diversified Investments Pty Ltd (Third Applicant) Iris Group Management Pty Ltd (Fourth Applicant) Iris Hotel Business Pty Ltd (Fifth Applicant) Iris Hotel Group Pty Ltd (Sixth Applicant) IDI SPV7 Pty Limited (Seventh Applicant) Brendan Warren Jones (Eighth Applicant) Christopher Palmer and Liam Thomas Bailey as liquidators of Iris Diversified Property Pty Ltd (in liq) (Respondents) Representation: Counsel: J R Clarke SC/E L Beechey (Applicants) R Glasson (Respondents)