Singleton re Original Displays (Australia) Pty Ltd [2003] NSWSC 459

Singleton re Original Displays (Australia) Pty Ltd [2003] NSWSC 459

Neil Singleton, as the company's liquidator, was an eligible applicant under s 597A, and the section justified orders requiring Mr Cran to provide affidavit information because the permissible inquiry extended beyond the existence of company rights to matters relevant to tracing company moneys and assessing assets potentially available to satisfy any judgment.

Jurisdiction
Australia
Judgment Date
21 May 2003
Procedural Posture
Application Under S 597 a of the Corporations Act 2001 (cth) / Determination of Application on 21 May 2003
Outcome
Orders requiring information to be provided on affidavit made as asked.
Legal Topics
['supervision, Regulation and Correction' 'examinations' 'scope of Examination' 'matters for Inquiry' 'affidavit Setting Out Information' 'liquidator Pursuing Company Assets']
['corporations' 'equity'] ['supervision, Regulation and Correction' 'examinations' 'scope of Examination' 'matters for Inquiry' 'affidavit Setting Out Information' 'liquidator Pursuing Company Assets']

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Procedural Posture

Application Under S 597 a of the Corporations Act 2001 (cth) / Determination of Application on 21 May 2003

Legal Issues

  1. 1 ['Whether Neil Singleton was the proper plaintiff and an eligible applicant for the purposes of s 597A of the Corporations Act 2001 (Cth).' 'Whether the orders sought requiring Adrian Douglas Cran to file an affidavit setting out information were justified by s 597A.' 'Whether the orders could extend to revealing assets into which company moneys may be traced or which may satisfy a judgment against Mr Cran if obtained.']

Ratio Decidendi

Neil Singleton, as the company's liquidator, was an eligible applicant under s 597A, and the section justified orders requiring Mr Cran to provide affidavit information because the permissible inquiry extended beyond the existence of company rights to matters relevant to tracing company moneys and assessing assets potentially available to satisfy any judgment.

Court Disposition

Orders requiring information to be provided on affidavit made as asked.

Orders

  • ['The originating process is to be amended to make plain that Mr Singleton is the plaintiff.' 'Orders were granted as originally asked for requiring Adrian Douglas Cran to file an affidavit setting out information.']