In the matter of Recycling Holdings Pty Ltd (in liquidation) (deed administrator appointed) ACN 123 236 573 (No 2) [2015] NSWSC 2016

In the matter of Recycling Holdings Pty Ltd (in liquidation) (deed administrator appointed) ACN 123 236 573 (No 2) [2015] NSWSC 2016

Because Front Foot Project Funding Pty Limited failed to produce documents by the return date, later produced only the funding agreement and deed poll, and it was objectively improbable that it had no documents such as financial accounts or bank statements evidencing its financial position given its funding obligations and provision of $210,000 security for costs, the plaintiffs made out a case for examination on oath of its proper officer regarding compliance with the notice to produce.

Jurisdiction
Australia
Judgment Date
13 March 2015
Procedural Posture
Procedural and Other Rulings; Interlocutory Process Concerning Notice to Produce / Hearing of Interlocutory Process Filed 3 March 2015 Seeking Orders Under (nsw) Civil Procedure Act 2005, S 68
Outcome
Order made for Jason Ryan to attend court to be examined in respect of compliance with the notice to produce dated 22 December 2014.
Legal Topics
['notice to Produce' 'non Compliance With Notice to Produce' 'examination of Proper Officer' 'production of Documents']
['civil Procedure'] ['notice to Produce' 'non Compliance With Notice to Produce' 'examination of Proper Officer' 'production of Documents']

Case Brief

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Procedural Posture

Procedural and Other Rulings; Interlocutory Process Concerning Notice to Produce / Hearing of Interlocutory Process Filed 3 March 2015 Seeking Orders Under (nsw) Civil Procedure Act 2005, S 68

Legal Issues

  1. 1 ['Whether Front Foot Project Funding Pty Limited had complied with the notice to produce dated 22 December 2014.' 'Whether Jason Ryan, as proper officer and director of Front Foot Project Funding Pty Limited, should attend court to be examined in respect of compliance with the notice to produce.']

Ratio Decidendi

Because Front Foot Project Funding Pty Limited failed to produce documents by the return date, later produced only the funding agreement and deed poll, and it was objectively improbable that it had no documents such as financial accounts or bank statements evidencing its financial position given its funding obligations and provision of $210,000 security for costs, the plaintiffs made out a case for examination on oath of its proper officer regarding compliance with the notice to produce.

Court Disposition

Order made for Jason Ryan to attend court to be examined in respect of compliance with the notice to produce dated 22 December 2014.

Orders

  • ['The second respondent, Jason Ryan, in his capacity as proper officer and director of Front Foot Project Funding Pty Limited, attend Court to be examined in respect of compliance with the notice to produce dated 22 December 2014.']