Nicou v Ngan [2005] NSWSC 570

Nicou v Ngan [2005] NSWSC 570

It is not appropriate to set aside the Notices to Produce, as the documents are relevant to the issue of the liquidator's conduct and entitlement to indemnity. The Court imposes a confidentiality order limiting the plaintiffs' use of the documents until further order.

Parties
First Plaintiff: Maria Nicou; Second Plaintiff: Arun Sunil Robert Lobo; First Defendant: Peter Ngan; Second Defendant: Heritage Fine Wines Pty Ltd (in liquidation)
Jurisdiction
Australia
Judgment Date
15 June 2005
Procedural Posture
Notice of Motion, Equity Proceedings / Interlocutory Application Regarding Notices to Produce
Outcome
Notice of Motion seeking to set aside Notices to Produce dismissed. Confidentiality order made limiting use of documents.
Legal Topics
Liquidator Indemnity, Costs, Production of Documents, Confidentiality Orders
Corporations Law Equity Liquidator Indemnity Costs Production of Documents Confidentiality Orders

Case Brief

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Parties

Maria Nicou

First Plaintiff

Arun Sunil Robert Lobo

Second Plaintiff

Peter Ngan

First Defendant

Heritage Fine Wines Pty Ltd (in liquidation)

Second Defendant

Procedural Posture

Notice of Motion, Equity Proceedings / Interlocutory Application Regarding Notices to Produce

Legal Issues

  1. 1 Whether Notices to Produce should be set aside
  2. 2 Whether liquidator should be denied indemnity from the company's assets for costs
  3. 3 Whether to limit use of documents produced

Ratio Decidendi

It is not appropriate to set aside the Notices to Produce, as the documents are relevant to the issue of the liquidator's conduct and entitlement to indemnity. The Court imposes a confidentiality order limiting the plaintiffs' use of the documents until further order.

Court Disposition

Notice of Motion seeking to set aside Notices to Produce dismissed. Confidentiality order made limiting use of documents.

Orders

  • The Notice of Motion seeking to set aside the Notices to Produce is dismissed.
  • Until further order, except with the leave of the Court, the plaintiffs and their legal advisors will not, otherwise than for the purpose of the matters presently before the Court in proceedings number 2343 of 2005, divulge, communicate or refer to any person any information obtained from inspection of any document...