Dellara Pty Limited (subject to a deed of company arrangement) (receiver appointed) v Geoffrey Philip Reidy in his capacity as deed administrator of Dellara Pty Limited [2015] NSWSC 2044

Dellara Pty Limited (subject to a deed of company arrangement) (receiver appointed) v Geoffrey Philip Reidy in his capacity as deed administrator of Dellara Pty Limited [2015] NSWSC 2044

The documents sought were relevant to ascertaining the company's property available to creditors under the deed of company arrangement, namely the proceeds of the Orchard Hills property remaining after satisfaction of secured creditors' rights and entitlements. Because the deed bound the company and its officers and empowered the deed administrator to inspect, review and copy company records for administering the deed, the deed administrator had a legally enforceable right to production from the receiver. Alternatively, the requirements for preliminary discovery were satisfied because the deed administrator needed the documents to decide whether to commence proceedings requiring the...

Jurisdiction
Australia
Judgment Date
02 April 2015
Procedural Posture
Equity Corporations List Application for Production of Documents / Notice of Motion Filed 26 March 2015; Ex Tempore Decision and Orders on 2 April 2015
Outcome
Production of documents ordered; applicant awarded indemnity costs of the notice of motion.
Legal Topics
['production of Documents' 'preliminary Discovery' 'deed of Company Arrangement' 'receiver' 'deed Administrator' 'corporations Examination Powers']
['civil Procedure' 'corporations' 'insolvency'] ['production of Documents' 'preliminary Discovery' 'deed of Company Arrangement' 'receiver' 'deed Administrator' 'corporations Examination Powers']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Equity Corporations List Application for Production of Documents / Notice of Motion Filed 26 March 2015; Ex Tempore Decision and Orders on 2 April 2015

Legal Issues

  1. 1 ["Whether the deed administrator was entitled to production of documents concerning dealings with the company's property and distribution of sale proceeds after appointment of the receiver." 'Whether the deed of company arrangement gave the deed administrator a legally enforceable right to inspect, review and copy company books or records held by the receiver.' 'Whether production could alternatively be supported as preliminary discovery to decide whether to commence proceedings concerning an account of sale proceeds.' 'Whether Practice Note SC Eq 11 or alleged prematurity justified refusing production.']

Ratio Decidendi

The documents sought were relevant to ascertaining the company's property available to creditors under the deed of company arrangement, namely the proceeds of the Orchard Hills property remaining after satisfaction of secured creditors' rights and entitlements. Because the deed bound the company and its officers and empowered the deed administrator to inspect, review and copy company records for administering the deed, the deed administrator had a legally enforceable right to production from the receiver. Alternatively, the requirements for preliminary discovery were satisfied because the deed administrator needed the documents to decide whether to commence proceedings requiring the...

Court Disposition

Production of documents ordered; applicant awarded indemnity costs of the notice of motion.

Orders

  • ['The plaintiff, by its receiver Graham Peter Hill, produce to the defendant within seven days true copies of the specified documents in his possession, custody or power.' "The respondent/plaintiff pay the applicant's costs of the notice of motion on an indemnity basis." 'The respondent/plaintiff not be entitled to...