Parwan Valley Mushrooms Pty Ltd, in the matter of Parwan Valley Mushrooms Pty Ltd (in liq) [2024] FCA 1164

Parwan Valley Mushrooms Pty Ltd, in the matter of Parwan Valley Mushrooms Pty Ltd (in liq) [2024] FCA 1164

The requirements for issuing a warrant for arrest under r 11.10 of the Federal Court (Corporations) Rules 2000 are met: Mr Wang was properly notified of the summons for examination, failed to attend without reasonable cause, and the Court's discretion is appropriately exercised in favour of issuing the warrant.

Parties
First Plaintiff: Parwan Valley Mushrooms Pty Ltd (in liquidation) ACN 147 565 759; Second and Third Plaintiffs: David Raj Vasudevan and Innis Anthony Cill (in their capacity as liquidators of Parwan Valley Mushrooms Pty Ltd (in liquidation) ACN 147 565 759; Proposed Examinee/absent Party: Sha Wang (also known as John Wang)
Jurisdiction
Australia
Judgment Date
03 October 2024
Procedural Posture
Corporations/examination Application / Application for Arrest Warrant Following Non Attendance at Examination
Outcome
Warrant for arrest of Sha Wang (also known as John Wang) issued to secure his attendance for examination; other ancillary directions and costs reserved.
Legal Topics
Examinations Under S 596 a Corporations Act, Warrants for Arrest for Non Attendance, Substituted Service, Liquidator Powers
Corporations Law Practice and Procedure Examinations Under S 596 a Corporations Act Warrants for Arrest for Non Attendance Substituted Service Liquidator Powers

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Parties

Parwan Valley Mushrooms Pty Ltd (in liquidation) ACN 147 565 759

First Plaintiff

David Raj Vasudevan and Innis Anthony Cill (in their capacity as liquidators of Parwan Valley Mushrooms Pty Ltd (in liquidation) ACN 147 565 759

Second and Third Plaintiffs

Sha Wang (also known as John Wang)

Proposed Examinee/absent Party

Procedural Posture

Corporations/examination Application / Application for Arrest Warrant Following Non Attendance at Examination

Legal Issues

  1. 1 Whether requirements for arrest warrant under r 11.10 Federal Court (Corporations) Rules 2000 have been met
  2. 2 Whether service of summons was effective
  3. 3 Whether absence was without reasonable cause

Ratio Decidendi

The requirements for issuing a warrant for arrest under r 11.10 of the Federal Court (Corporations) Rules 2000 are met: Mr Wang was properly notified of the summons for examination, failed to attend without reasonable cause, and the Court's discretion is appropriately exercised in favour of issuing the warrant.

Court Disposition

Warrant for arrest of Sha Wang (also known as John Wang) issued to secure his attendance for examination; other ancillary directions and costs reserved.

Orders

  • A warrant be issued for the arrest of Sha Wang (also known as John Wang) and brought before the Federal Court to be examined about the affairs of Parwan Valley Mushrooms Pty Ltd (in liquidation) on 25 October 2024 at 10:00am or a date to be fixed by the Court.
  • Return date of summons adjourned to 25 October 2024 at 10:00am or a date to be fixed.