Hamilton, In the Matter of BE100 Property Investment Pty Ltd (Administrator Appointed) [2015] FCA 603

Hamilton, In the Matter of BE100 Property Investment Pty Ltd (Administrator Appointed) [2015] FCA 603

Mr Fayad failed to show that the examination summons and production orders were issued for a purpose unconnected with the examinable affairs of BE100 Property Investment Pty Ltd. The administrator's identified reasons for the examination, including investigation of the tax assessment objection and drawdowns and payments involving Dyldam and associated entities, were rational, supportable, and related to the company's examinable affairs. The applications to adjourn the examination and to set aside the summons and production orders were therefore refused, with costs following the event.

Jurisdiction
Australia
Judgment Date
15 June 2015
Procedural Posture
Corporations Proceeding Concerning Examination Summons and Orders for Production / Interlocutory Application for Inspection of Affidavit, Adjournment or Stay of Examination, and Setting Aside of Examination Summons and Production Orders
Outcome
Interlocutory application dismissed except for confidential inspection of the administrator's affidavit; examination not adjourned; summons and production orders not set aside; applicant ordered to pay costs.
Legal Topics
['examination Summons' 'examinable Affairs of a Company' 'production Orders' 'adjournment of Examination' 'inspection of Supporting Affidavit' 'costs']
['corporations Law' 'insolvency Law' 'civil Procedure'] ['examination Summons' 'examinable Affairs of a Company' 'production Orders' 'adjournment of Examination' 'inspection of Supporting Affidavit' 'costs']

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Procedural Posture

Corporations Proceeding Concerning Examination Summons and Orders for Production / Interlocutory Application for Inspection of Affidavit, Adjournment or Stay of Examination, and Setting Aside of Examination Summons and Production Orders

Legal Issues

  1. 1 ['Whether the examination of Sam Fayad fixed for 16 June 2015 should be stayed or adjourned.' 'Whether the examination summons issued against Sam Fayad on 14 April 2015 and associated orders for production should be set aside.' "Whether the administrator's affidavit filed in support of the examination summons should be made available for inspection on a confidential basis." "Whether the applicant should pay the administrator's costs of the interlocutory application on a lump sum basis."]

Ratio Decidendi

Mr Fayad failed to show that the examination summons and production orders were issued for a purpose unconnected with the examinable affairs of BE100 Property Investment Pty Ltd. The administrator's identified reasons for the examination, including investigation of the tax assessment objection and drawdowns and payments involving Dyldam and associated entities, were rational, supportable, and related to the company's examinable affairs. The applications to adjourn the examination and to set aside the summons and production orders were therefore refused, with costs following the event.

Court Disposition

Interlocutory application dismissed except for confidential inspection of the administrator's affidavit; examination not adjourned; summons and production orders not set aside; applicant ordered to pay costs.

Orders

  • ['Pursuant to s 596C(2) of the Corporations Act 2001 (Cth), the affidavit of William James Hamilton sworn on 10 April 2015 and filed herein and the annexures thereto be made available for inspection by Counsel appearing for the applicant (Mr Fayad) this day (15 June 2015) and the following persons employed at his...