Hughes, in the matter of Firepower Operations Pty Ltd (In Liquidation) [2009] FCA 1331

Hughes, in the matter of Firepower Operations Pty Ltd (In Liquidation) [2009] FCA 1331

Because the company search showed that Bryan Kevin Hughes had been appointed and continued to act as liquidator of Firepower Operations Pty Ltd, he was an eligible applicant under s 596A; and because Timothy Francis Johnston was a director, and therefore an officer, of the company at the time its winding up began, s 596A(b)(iii) applied. The statutory conditions being satisfied, the Court ordered that an examination summons issue to Mr Johnston.

Jurisdiction
Australia
Judgment Date
05 November 2009
Procedural Posture
Application for Issue of Examination Summons Under S 596 a of the Corporations Act 2001 (cth) / Ex Parte Application, Returnable Instanter
Outcome
Application granted; examination summons ordered to issue to Timothy Francis Johnston under s 596A of the Corporations Act 2001 (Cth).
Legal Topics
['examination Summons' 'liquidation' 'eligible Applicant' 'examinable Affairs' 'officer of Corporation']
['corporations' 'insolvency'] ['examination Summons' 'liquidation' 'eligible Applicant' 'examinable Affairs' 'officer of Corporation']

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Procedural Posture

Application for Issue of Examination Summons Under S 596 a of the Corporations Act 2001 (cth) / Ex Parte Application, Returnable Instanter

Legal Issues

  1. 1 ['Whether Bryan Kevin Hughes, as liquidator, was an eligible applicant for the purposes of s 596A of the Corporations Act 2001 (Cth).' 'Whether Timothy Francis Johnston was an officer of Firepower Operations Pty Ltd at the relevant time so that s 596A(b)(iii) applied.' 'Whether an examination summons should issue under s 596A of the Corporations Act 2001 (Cth).']

Ratio Decidendi

Because the company search showed that Bryan Kevin Hughes had been appointed and continued to act as liquidator of Firepower Operations Pty Ltd, he was an eligible applicant under s 596A; and because Timothy Francis Johnston was a director, and therefore an officer, of the company at the time its winding up began, s 596A(b)(iii) applied. The statutory conditions being satisfied, the Court ordered that an examination summons issue to Mr Johnston.

Court Disposition

Application granted; examination summons ordered to issue to Timothy Francis Johnston under s 596A of the Corporations Act 2001 (Cth).

Orders

  • ['This application be heard ex parte and be returnable instanter.' 'Pursuant to Section 596A of the Corporations Act an examination summons be issued to Timothy Francis Johnston of or formerly of No 1, Chidley Way, Mosman Park in the state of Western Australia, in the form of the draft examination summons annexed...