Albarran (Liquidators), in the matter of Equititrust Limited (in liq) v Steer [2013] FCA 597

Albarran (Liquidators), in the matter of Equititrust Limited (in liq) v Steer [2013] FCA 597

The liquidators had a legitimate need to obtain documents concerning KPMG's engagement by Equititrust, particularly given possible limitation issues and their investigative duties, but requiring searches of individual computer databases would be oppressive at that stage. Because paragraph 1(e) sought a narrow class of documents and production was not required until 23 July 2013, requiring production from hard copy files and documents identifiable through KPMG's Docshare system was not an unreasonable burden.

Jurisdiction
Australia
Judgment Date
29 May 2013
Procedural Posture
Application to Set Aside or Modify an Examination Summons Issued Under S 596 B of the Corporations Act 2001 (cth) / Interlocutory Application Heard and Orders Made on 29 May 2013
Outcome
Application adjourned; examination summons compliance limited and costs reserved.
Legal Topics
['examination Summons' 'production of Documents' 'oppression' "liquidators' Examinations" 'auditor Documents']
['corporations' 'insolvency' 'civil Procedure'] ['examination Summons' 'production of Documents' 'oppression' "liquidators' Examinations" 'auditor Documents']

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Procedural Posture

Application to Set Aside or Modify an Examination Summons Issued Under S 596 B of the Corporations Act 2001 (cth) / Interlocutory Application Heard and Orders Made on 29 May 2013

Legal Issues

  1. 1 ['Whether the requirement in paragraph 1(e) of the examination summons for production of letters of engagement and retainer agreements between KPMG and Equititrust was oppressive.' "Whether compliance should be limited to documents held in hard copy files or identifiable through KPMG's Docshare system rather than requiring searches of individual computer databases."]

Ratio Decidendi

The liquidators had a legitimate need to obtain documents concerning KPMG's engagement by Equititrust, particularly given possible limitation issues and their investigative duties, but requiring searches of individual computer databases would be oppressive at that stage. Because paragraph 1(e) sought a narrow class of documents and production was not required until 23 July 2013, requiring production from hard copy files and documents identifiable through KPMG's Docshare system was not an unreasonable burden.

Court Disposition

Application adjourned; examination summons compliance limited and costs reserved.

Orders

  • ['The application filed on behalf of Mr Paul Steer dated 2 April 2013 be adjourned to a date to be fixed.' 'In relation to the Further Amended Examination Summons dated 21 March 2013 and, subject to further order of the court or agreement between the parties, the applicant will not call upon (and Mr Steer is not...