Williamson & Ors v Chamberlain [2006] NSWSC 178

Williamson & Ors v Chamberlain [2006] NSWSC 178

There was sufficient basis for an order for inspection under s486 for the three named persons who provided evidence of creditorship; other plaintiffs' claims dismissed for lack of evidence.

Jurisdiction
Australia
Judgment Date
13 March 2006
Procedural Posture
Application Under Corporations Act S486 / Judgment on Application for Inspection of Books in Liquidation
Outcome
Application granted in part
Legal Topics
['liquidation Inspection' 'creditors Rights']

Case Brief

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Procedural Posture

Application Under Corporations Act S486 / Judgment on Application for Inspection of Books in Liquidation

  1. 1 ['Whether applicants are entitled to inspect books and records of Lynwool Pty Limited under s486 of Corporations Act 2001' 'Adequacy of evidence to support claim as creditors' 'Appropriateness of orders as to costs']

Ratio Decidendi

There was sufficient basis for an order for inspection under s486 for the three named persons who provided evidence of creditorship; other plaintiffs' claims dismissed for lack of evidence.

Court Disposition

Application granted in part

Orders

  • ['Leave granted to bring action against company in liquidation.' 'First defendant, through its liquidator, to produce books and records for inspection by Messrs Williamson, Breust and Turner for twelve months prior to winding up.' 'Proper expenses of liquidator to be paid by the three named persons.' 'Plaintiffs to...