Application of Pino Fiorentino & William James Hamilton in Re - J&L International Pty Ltd [2009] NSWSC 1070

Application of Pino Fiorentino & William James Hamilton in Re - J&L International Pty Ltd [2009] NSWSC 1070

The orders for production made on 22 September 2009 were set aside because the liquidators gave the Court no means of being satisfied that the wide categories of documents sought bore the necessary relationship to the particular examinations or would assist or facilitate them; the orders were extraordinarily wide and allowed manifestly insufficient time for compliance. The examinations were adjourned because affidavit evidence, not yet answered by the liquidators, arguably supported allegations that could make it inappropriate for the examinations to proceed at the instance of the present liquidators, but because the adjournment application was made very late the applicants had to pay the...

Jurisdiction
Australia
Judgment Date
28 September 2009
Procedural Posture
Corporations External Administration Application Concerning Examination Summonses and Orders for Production / Interlocutory Process Seeking to Set Aside Orders for Production and Adjourn Examinations
Outcome
Orders for production set aside; examinations adjourned generally; costs orders made.
Legal Topics
['external Administration' 'examination of Officers' 'production of Documents' 'oppression and Abuse of Process' 'adjournment of Examination' 'indemnity Costs']
['corporations Law' 'civil Procedure'] ['external Administration' 'examination of Officers' 'production of Documents' 'oppression and Abuse of Process' 'adjournment of Examination' 'indemnity Costs']

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Procedural Posture

Corporations External Administration Application Concerning Examination Summonses and Orders for Production / Interlocutory Process Seeking to Set Aside Orders for Production and Adjourn Examinations

Legal Issues

  1. 1 ['Whether the orders for production made on 22 September 2009 should be set aside as oppressive or an abuse of process.' 'Whether the Court could be satisfied that production of the particular documents would assist or facilitate the particular examinations.' 'Whether the examinations should be adjourned because of allegations that the liquidators were pursuing the examinations for an improper purpose or should not conduct them.' 'What costs orders should be made in light of the late adjournment application.']

Ratio Decidendi

The orders for production made on 22 September 2009 were set aside because the liquidators gave the Court no means of being satisfied that the wide categories of documents sought bore the necessary relationship to the particular examinations or would assist or facilitate them; the orders were extraordinarily wide and allowed manifestly insufficient time for compliance. The examinations were adjourned because affidavit evidence, not yet answered by the liquidators, arguably supported allegations that could make it inappropriate for the examinations to proceed at the instance of the present liquidators, but because the adjournment application was made very late the applicants had to pay the...

Court Disposition

Orders for production set aside; examinations adjourned generally; costs orders made.

Orders

  • ['The orders for production made on 22 September 2009 addressed to Hong Hang and Hai Hong Zhang be set aside.' 'The examinations appointed to take place before the Registrar on 29 September 2009 be adjourned generally with liberty to the liquidator to restore them on 7 days notice by arrangement with the Registrar.'...