Mableson, in the matter of B.J. Jarrad Pty Ltd (in liq) [2015] FCA 1177

Mableson, in the matter of B.J. Jarrad Pty Ltd (in liq) [2015] FCA 1177

The replacement production order should be made because the revised orders were appropriately confined and relevant to the liquidators' potential preference and insolvent trading claims. The limitation in paragraph 2 overcame the objection that ordinary business dealings with CFC Holdings would be captured. The remaining categories, including financial statements of Contura and Construction Equipment for 11 November 2011 to 31 July 2014, were relevant because Contura held an investment and loan account with the companies, Construction Equipment assisted with financial transactions, and the potential insolvent trading claim could go back to the date of the Deed of Company Arrangement....

Jurisdiction
Australia
Judgment Date
16 October 2015
Procedural Posture
Corporations Insolvency Proceeding Concerning Examination and Production of Documents Under Pt 5.9 of the Corporations Act 2001 (cth) / Application to Set Aside District Registrar Orders, Pressed Only as to the S 597(9) Production Order
Outcome
Registrar Baldwin's production order of 24 September 2015 was set aside and replaced with a narrower production order; the application by Christopher Mallios and the CFC Group was otherwise dismissed.
Legal Topics
['public Examination' 'production of Documents' "liquidators' Investigations" 'preference Payments' 'insolvent Trading' 'confidentiality and Oppression in Document Production']
['corporations Law' 'insolvency' 'civil Procedure'] ['public Examination' 'production of Documents' "liquidators' Investigations" 'preference Payments' 'insolvent Trading' 'confidentiality and Oppression in Document Production']

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Procedural Posture

Corporations Insolvency Proceeding Concerning Examination and Production of Documents Under Pt 5.9 of the Corporations Act 2001 (cth) / Application to Set Aside District Registrar Orders, Pressed Only as to the S 597(9) Production Order

Legal Issues

  1. 1 ["Whether the District Registrar's order for production of documents under s 597(9) of the Corporations Act 2001 (Cth) should be set aside or narrowed." 'Whether the amended production orders were confined to documents relevant to the examinable affairs of B.J. Jarrad Pty Ltd (in liquidation) and Holdings.' 'Whether the burden, expense, commercial sensitivity or confidentiality of producing documents justified refusing or further limiting the orders.']

Ratio Decidendi

The replacement production order should be made because the revised orders were appropriately confined and relevant to the liquidators' potential preference and insolvent trading claims. The limitation in paragraph 2 overcame the objection that ordinary business dealings with CFC Holdings would be captured. The remaining categories, including financial statements of Contura and Construction Equipment for 11 November 2011 to 31 July 2014, were relevant because Contura held an investment and loan account with the companies, Construction Equipment assisted with financial transactions, and the potential insolvent trading claim could go back to the date of the Deed of Company Arrangement....

Court Disposition

Registrar Baldwin's production order of 24 September 2015 was set aside and replaced with a narrower production order; the application by Christopher Mallios and the CFC Group was otherwise dismissed.

Orders

  • ['The order of Registrar Baldwin of 24 September 2015 be set aside and, in lieu, pursuant to section 597(9) of the Corporations Act 2001 (Cth), the proper officers of Contura Mining Pty Ltd, Construction Equipment Financial Services Pty Ltd and C.F.C. Holdings Pty Ltd produce to the Federal Court of Australia, South...