David v Livingstone (Liquidator), in the matter of Suria Global (L) Pty Ltd (Receivers and Managers appointed) (in liq) [2023] FCA 1663

David v Livingstone (Liquidator), in the matter of Suria Global (L) Pty Ltd (Receivers and Managers appointed) (in liq) [2023] FCA 1663

The liquidators' purpose in seeking examinations is to investigate the affairs of Suria and this is not an abuse of process. The order for production of documents is not overly broad and is a legitimate exercise of statutory powers; there is no proper basis for granting access to the supporting affidavit or setting aside the summons or category 8 of documents.

Jurisdiction
Australia
Judgment Date
22 December 2023
Procedural Posture
Interlocutory Application / Dismissal of Interlocutory Application; Orders for Production of Documents Extended; Directions for Costs Submissions
Outcome
Interlocutory application dismissed.
Legal Topics
['examination Summons' 'order to Produce Documents' 'abuse of Process' 'privilege' 'document Production']
['bankruptcy and Insolvency' 'corporations'] ['examination Summons' 'order to Produce Documents' 'abuse of Process' 'privilege' 'document Production']

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Procedural Posture

Interlocutory Application / Dismissal of Interlocutory Application; Orders for Production of Documents Extended; Directions for Costs Submissions

Legal Issues

  1. 1 ['Whether examination summons involved abuse of process' 'Whether category 8 of the documents sought under the orders for production should be set aside' 'Whether access to supporting affidavit should be granted']

Ratio Decidendi

The liquidators' purpose in seeking examinations is to investigate the affairs of Suria and this is not an abuse of process. The order for production of documents is not overly broad and is a legitimate exercise of statutory powers; there is no proper basis for granting access to the supporting affidavit or setting aside the summons or category 8 of documents.

Court Disposition

Interlocutory application dismissed.

Orders

  • ['The interlocutory application dated 7 September 2023 be dismissed.' 'Time for the Applicants to produce documents referred to in category 8 is extended: initial tranche by 1 December 2023, all documents by 20 December 2023.' 'Plaintiffs to file and serve Cost Summary by 5 December 2023.' 'Applicants to file and...