Vrkic, in the matter of Vrkic as Liquidator of V Health Plus Corporation Pty Ltd (in liq) [2017] FCA 1052

Vrkic, in the matter of Vrkic as Liquidator of V Health Plus Corporation Pty Ltd (in liq) [2017] FCA 1052

The Court was satisfied that Dr Baig was aware of the adjourned examination date and failed to attend, and that Ms Singh had been served with the s 596A summons and failed to attend. Each failure had occurred on more than one occasion, and neither had responded in a way indicating reasonable cause. The preconditions in r 11.10(2) were therefore met and arrest warrants should issue.

Jurisdiction
Australia
Judgment Date
01 September 2017
Procedural Posture
Corporations Application for Issue of Arrest Warrants Following Failure to Comply With Summonses for Examination About the Examinable Affairs of a Company in Liquidation / Interlocutory Application Filed 31 August 2017; Orders Made 1 September 2017
Outcome
Application granted; arrest warrants ordered for Dr Mirza Baig and Roselyn Singh (also known as Simiran Singh).
Legal Topics
['public Examinations Under S 596 a of the Corporations Act 2001 (cth)' 'failure to Attend Examination' 'issue of Arrest Warrants Under R 11.10(2) of the Federal Court (corporations) Rules 2000 (cth)']
['corporations' 'corporate Insolvency'] ['public Examinations Under S 596 a of the Corporations Act 2001 (cth)' 'failure to Attend Examination' 'issue of Arrest Warrants Under R 11.10(2) of the Federal Court (corporations) Rules 2000 (cth)']

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Procedural Posture

Corporations Application for Issue of Arrest Warrants Following Failure to Comply With Summonses for Examination About the Examinable Affairs of a Company in Liquidation / Interlocutory Application Filed 31 August 2017; Orders Made 1 September 2017

Legal Issues

  1. 1 ['Whether Dr Mirza Baig and Roselyn Singh failed to attend examinations as required by summonses or Court orders.' 'Whether the failures to attend were without reasonable cause.' 'Whether the Court should issue arrest warrants under r 11.10(2) of the Federal Court (Corporations) Rules 2000 (Cth).']

Ratio Decidendi

The Court was satisfied that Dr Baig was aware of the adjourned examination date and failed to attend, and that Ms Singh had been served with the s 596A summons and failed to attend. Each failure had occurred on more than one occasion, and neither had responded in a way indicating reasonable cause. The preconditions in r 11.10(2) were therefore met and arrest warrants should issue.

Court Disposition

Application granted; arrest warrants ordered for Dr Mirza Baig and Roselyn Singh (also known as Simiran Singh).

Orders

  • ['Pursuant to r 11.10(2) of the Federal Court (Corporations) Rules 2000 (Cth), a warrant be issued for the arrest of Dr Mirza Baig to bring him before the Federal Court of Australia at Law Courts Building, Queens Square, Sydney NSW 2000 pending further order and for examination under s 596A of the Corporations Act...