In the matter of Orinoco Gold Limited (subject to Deed of Company Arrangement) [2019] NSWSC 1771

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Orinoco Gold Limited (subject to Deed of Company Arrangement) [2019] NSWSC 1771 Hearing dates: 11 November & 9 December 2019 Decision date: 09 December 2019 Jurisdiction: Equity - Corporations List Before: Rees J Decision: Order made under s 247A of the Corporations Act 2001 (Cth) subject to conditions: see [13] Catchwords: CORPORATIONS — Members' rights and remedies — Statutory right of access to books and records — Where company subject to Deed of Company Arrangement — Small shareholder sought access to vast range of documents — Leave granted under s 444E where deed administrators did not oppose — Deed administrators held concerns as to expense and confidentiality — Deed administrator had limited funding — Production in reduced scope ordered after "sunset date" of DOCA to avoid the administrators being distracted from their task of recapitalising the company — Production subject to provision of confidentiality undertakings and pre-payment of estimated costs of production. Legislation Cited: Corporations Act 2001 (Cth), ss 247A, 247B, 440D, 444E Cases Cited: Acehill Investments Pty Ltd v Incitec Ltd (2002) 233 LSJS 97; [2002] SASC 344 Australian Competition and Consumer Commission v Phoenix Institute of Australia Pty Ltd (subject to deed of company arrangement) (2016) 116 ACSR 353; [2016] FCA 1246 In the matter of Sirrah Pty Limited [2017] NSWSC 1683 In the matter of Tolco Pty Limited [2016] NSWSC 1069 London City Equities Ltd v Penrice Soda Holdings Ltd (2011) 84 ACSR 573; [2011] FCA 674 Mehan v Arrium Limited (formerly Onesteel Limited) [2016] NSWSC 1680 Mesa Minerals Ltd v Mighty River International Ltd (2016) 111 ACSR 289; [2016] FCAFC 16 Satz v ACN 069 808 957 Pty Ltd [2010] NSWSC 365 Category: Principal judgment Parties: Tony Palasovski (Plaintiff)