Re: Eurostar Pty Ltd (In Liquidation) (Receivers and Managers Appointed) & Ors [2003] NSWSC 633

Re: Eurostar Pty Ltd (In Liquidation) (Receivers and Managers Appointed) & Ors [2003] NSWSC 633

Some disclosure of documents produced in compulsory examination is permitted: specifically, disclosure to the NSW Police and ASIC is allowed as consistent with legislative purpose and prevailing authorities. Disclosure to creditors as sought in order B is refused as too broad and not supported by evidence. Potentially privileged documents must not be disclosed until possible claims of privilege are resolved.

Parties
Applicant/receiver: David John Winterbottom; Respondent/company: Eurostar Pty Ltd (In Liquidation) (Receivers and Managers Appointed); Respondent/company: King Bros Bus Service Aldavilla Pty Limited (In Liq) (Receivers and Managers Appointed); Respondent/company: King Bros Bus Service Bellbrook Pty Limited (In Liq) (Receivers and Managers Appointed); Respondent/company: King Bros Bus Service Coffs Harbour Pty Limited (In Liq) (Receivers and Managers Appointed); Respondent/company: King Bros Bus Service Crescent Head Pty Limited (In Liq) (Receivers and Managers Appointed); Respondent/company: King Bros Bus Service Grafton Pty Limited (In Liq) (Receivers and Managers Appointed); Respondent/company: King Bros Bus Service Great Lakes Pty Limited (In Liq) (Receivers and Managers Appointed); Respondent/company: King Bros Bus Service Iluka Pty Limited (In Liq) (Receivers and Managers Appointed); Respondent/company: King Bros Bus Service Kempsey Pty Limited (In Liq) (Receivers and Managers Appointed); Respondent/company: King Bros Bus Service Nambucca Valley Pty Limited (In Liq) (Receivers and Managers Appointed); Respondent/company: King Bros Bus Service Port Macquarie Pty Limited (In Liq) (Receivers and Managers Appointed); Respondent/company: King Bros Bus Service South West Rocks Pty Limited (In Liq) (Receivers and Managers Appointed); Respondent/company: King Bros Bus Service Taree Pty Limited (In Liq) (Receivers and Managers Appointed); Respondent/company: King Bros Bus Service Wagga Wagga Pty Limited (In Liq) (Receivers and Managers Appointed); Respondent/company: King Bros Bus Service Yamba Pty Limited (In Liq) (Receivers and Managers Appointed); Respondent/company: M B Sales Australia Pty Limited (In Liq) (Receivers and Managers Appointed); Respondent/company: AP & PJ King Pty Limited (In Liq) (Receivers and Managers Appointed); Respondent/director: Anthony King; Respondent/director: Peter King; Interested Party: Esanda; Interested Party: Commonwealth Bank (CBA); Interested Party: CBFC Limited; Interested Party: Warwick Marks; Interested Party: Irisbus; Interested Party: DaimlerChrysler Australia/Pacific; Interested Party: A & P King
Jurisdiction
Australia
Judgment Date
11 July 2003
Procedural Posture
Corporations – Application in Liquidation/receivership / Application for Directions/orders Regarding Disclosure of Documents Produced Under Compulsory Examination
Outcome
Some disclosure of documents permitted, some refused.
Legal Topics
Receivers and Managers – Powers and Duties, Winding Up of Corporations, Examinations Under Corporations Act S 596 a Ff, Disclosure and Use of Documents Produced Under Compulsory Process, Legal Professional Privilege, Assistance to Police and Regulatory Authorities
Corporations Law Equity Receivers and Managers – Powers and Duties Winding Up of Corporations Examinations Under Corporations Act S 596 a Ff Disclosure and Use of Documents Produced Under Compulsory Process Legal Professional Privilege Assistance to Police and Regulatory Authorities

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Parties

David John Winterbottom

Applicant/receiver

Eurostar Pty Ltd (In Liquidation) (Receivers and Managers Appointed)

Respondent/company

King Bros Bus Service Aldavilla Pty Limited (In Liq) (Receivers and Managers Appointed)

Respondent/company

King Bros Bus Service Bellbrook Pty Limited (In Liq) (Receivers and Managers Appointed)

Respondent/company

King Bros Bus Service Coffs Harbour Pty Limited (In Liq) (Receivers and Managers Appointed)

Respondent/company

King Bros Bus Service Crescent Head Pty Limited (In Liq) (Receivers and Managers Appointed)

Respondent/company

King Bros Bus Service Grafton Pty Limited (In Liq) (Receivers and Managers Appointed)

Respondent/company

King Bros Bus Service Great Lakes Pty Limited (In Liq) (Receivers and Managers Appointed)

Respondent/company

King Bros Bus Service Iluka Pty Limited (In Liq) (Receivers and Managers Appointed)

Respondent/company

King Bros Bus Service Kempsey Pty Limited (In Liq) (Receivers and Managers Appointed)

Respondent/company

King Bros Bus Service Nambucca Valley Pty Limited (In Liq) (Receivers and Managers Appointed)

Respondent/company

King Bros Bus Service Port Macquarie Pty Limited (In Liq) (Receivers and Managers Appointed)

Respondent/company

King Bros Bus Service South West Rocks Pty Limited (In Liq) (Receivers and Managers Appointed)

Respondent/company

King Bros Bus Service Taree Pty Limited (In Liq) (Receivers and Managers Appointed)

Respondent/company

King Bros Bus Service Wagga Wagga Pty Limited (In Liq) (Receivers and Managers Appointed)

Respondent/company

King Bros Bus Service Yamba Pty Limited (In Liq) (Receivers and Managers Appointed)

Respondent/company

M B Sales Australia Pty Limited (In Liq) (Receivers and Managers Appointed)

Respondent/company

AP & PJ King Pty Limited (In Liq) (Receivers and Managers Appointed)

Respondent/company

Anthony King

Respondent/director

Peter King

Respondent/director

Esanda

Interested Party

Commonwealth Bank (CBA)

Interested Party

CBFC Limited

Interested Party

Warwick Marks

Interested Party

Irisbus

Interested Party

DaimlerChrysler Australia/Pacific

Interested Party

A & P King

Interested Party

Procedural Posture

Corporations – Application in Liquidation/receivership / Application for Directions/orders Regarding Disclosure of Documents Produced Under Compulsory Examination

Legal Issues

  1. 1 Whether the receiver, as 'eligible applicant', should be given leave to disclose documents produced under compulsory examination to third parties, including police, ASIC and creditors
  2. 2 To what extent documents subject to potential legal professional privilege should be disclosed
  3. 3 Principles applicable to disclosure of documents obtained under compulsory process for use outside the original proceedings

Ratio Decidendi

Some disclosure of documents produced in compulsory examination is permitted: specifically, disclosure to the NSW Police and ASIC is allowed as consistent with legislative purpose and prevailing authorities. Disclosure to creditors as sought in order B is refused as too broad and not supported by evidence. Potentially privileged documents must not be disclosed until possible claims of privilege are resolved.

Court Disposition

Some disclosure of documents permitted, some refused.

Orders

  • Leave granted to applicant to use and disclose documents produced in response to orders for production, for the purpose of assisting the NSW Police and ASIC in their investigations.
  • No order granting leave for disclosure to creditors as per application (order type B) at this time.