Devine (Liquidator), in the matter of Lempriere Grain Pty Limited (in liquidation) [2020] FCA 420

The statutory criteria for mandatory and discretionary examination and production orders under the Corporations Act 2001 (Cth) were satisfied; leave for service out of jurisdiction was warranted as the requirements of rr 10.43 and 10.44 were met.

Jurisdiction: Australia
Judgment Date: 05 March 2020
Procedural Posture: Corporations Liquidator's Application / Application for Examination Summonses and Orders for Production
Outcome: Applications granted
Legal Topics: ['liquidation' 'examination of Officers' 'production of Documents' 'service Out of Jurisdiction']

['corporations Law' 'practice and Procedure'] ['liquidation' 'examination of Officers' 'production of Documents' 'service Out of Jurisdiction']

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Procedural Posture

Corporations Liquidator's Application / Application for Examination Summonses and Orders for Production

Legal Issues

1 ['Whether the criteria for examination under ss 596A and 596B of the Corporations Act 2001 (Cth) are satisfied' 'Whether orders for production should be made under s 597(9) Corporations Act 2001 (Cth)' 'Whether leave for service out of jurisdiction in Singapore should be granted under rr 10.44 Federal Court Rules 2011']

Ratio Decidendi

Court Disposition

Applications granted

Orders

['The originating process be returnable instanter.' 'Summonses for examination about the examinable affairs of Lempriere Grain Pty Ltd (in liquidation) be issued to William Lempriere, Ajay Aggarwal, and Jonathan Holdsworth under section 596A of the Corporations Act 2001 (Cth).' 'A summons for examination about the...