In the matter of Combined Projects (Arncliffe) Pty Ltd [2018] NSWSC 649

In the matter of Combined Projects (Arncliffe) Pty Ltd [2018] NSWSC 649

Relief under s 247A Corporations Act 2001 (Cth) is final and confined to document inspection, not provision of information or answers to questions; requests for particulars are only granted where required to understand the pleaded case and not for speculative purposes; and company constitution may restrict member access absent resolution. The plaintiff was only entitled to limited particulars relating to questions 29 and 30 of the 6 March 2018 letter.

Jurisdiction
Australia
Judgment Date
11 May 2018
Procedural Posture
Interlocutory Application in Equity Proceedings / Ruling on Interlocutory Application
Outcome
Interlocutory application mostly dismissed, limited relief granted
Legal Topics
["access to Company's Books" 'particulars in Pleadings' 'member Rights' 'interlocutory Relief' 'company Constitution']
['corporations Law' 'civil Procedure'] ["access to Company's Books" 'particulars in Pleadings' 'member Rights' 'interlocutory Relief' 'company Constitution']

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Procedural Posture

Interlocutory Application in Equity Proceedings / Ruling on Interlocutory Application

Legal Issues

  1. 1 ['Whether a member is entitled to interrogatory-style answers or documents prior to final orders under s 247A Corporations Act 2001 (Cth)' 'Whether the plaintiff is entitled to the particulars requested in the letter of 6 March 2018' 'Whether certain portions of the points of defence should be struck out']

Ratio Decidendi

Relief under s 247A Corporations Act 2001 (Cth) is final and confined to document inspection, not provision of information or answers to questions; requests for particulars are only granted where required to understand the pleaded case and not for speculative purposes; and company constitution may restrict member access absent resolution. The plaintiff was only entitled to limited particulars relating to questions 29 and 30 of the 6 March 2018 letter.

Court Disposition

Interlocutory application mostly dismissed, limited relief granted

Orders

  • ["Order the first defendant within 7 days to provide particulars in answer to questions 29 and 30 in the plaintiff's solicitor's letter to Minter Ellison dated 6 March 2018." 'Direct the first defendant to file and serve amended points of defence within 7 days of today.' 'Otherwise dismiss the interlocutory process...