Topp v Imagine Un Limited [2009] NSWSC 661

Topp v Imagine Un Limited [2009] NSWSC 661

The administrator's stated purposes for the examinations were accepted and were proper purposes fairly expected to advance the course of the administration, including informing creditors, assessing potential causes of action, investigating the Bluscan charge, considering funding and considering whether a deed of company arrangement could be formulated. The applications to set aside the examination summonses were therefore refused. The requested direction prohibiting publication or communication was also refused because no special circumstances or particular prejudice were demonstrated sufficient to depart from the policy that examinations be public and information obtained be publicly...

Jurisdiction
Australia
Judgment Date
07 July 2009
Procedural Posture
Corporations Application to Set Aside Examination Summonses Issued at Request of Voluntary Administrator / Ex Tempore Judgment on Interlocutory Processes
Outcome
Applications to set aside the examination summonses and for the publication-related direction were refused; specified claims for relief were dismissed; applicants ordered to pay the plaintiff's costs of those claims, with no other costs orders.
Legal Topics
['voluntary Administration' 'examination Summonses' 'public Examinations' 'deed of Company Arrangement' 'orders Prohibiting Publication or Communication of Examination Information' 'costs']
['corporations Law' 'insolvency' 'equity'] ['voluntary Administration' 'examination Summonses' 'public Examinations' 'deed of Company Arrangement' 'orders Prohibiting Publication or Communication of Examination Information' 'costs']

Case Brief

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Procedural Posture

Corporations Application to Set Aside Examination Summonses Issued at Request of Voluntary Administrator / Ex Tempore Judgment on Interlocutory Processes

Legal Issues

  1. 1 ['Whether the examination summonses issued at the request of the administrator should be set aside as not advancing the course of the administration.' 'Whether a direction should be made under s 596F(1)(f) prohibiting publication or communication of information provided by the examinees about their assets, liabilities or financial position.' 'What costs orders should be made.']

Ratio Decidendi

The administrator's stated purposes for the examinations were accepted and were proper purposes fairly expected to advance the course of the administration, including informing creditors, assessing potential causes of action, investigating the Bluscan charge, considering funding and considering whether a deed of company arrangement could be formulated. The applications to set aside the examination summonses were therefore refused. The requested direction prohibiting publication or communication was also refused because no special circumstances or particular prejudice were demonstrated sufficient to depart from the policy that examinations be public and information obtained be publicly...

Court Disposition

Applications to set aside the examination summonses and for the publication-related direction were refused; specified claims for relief were dismissed; applicants ordered to pay the plaintiff's costs of those claims, with no other costs orders.

Orders

  • ['The claims for relief in paragraphs 7, 10 and 11 of each interlocutory process be dismissed.' "The applicants pay the plaintiff's costs in respect of the claims for relief in paragraphs 7, 10 and 11 of each interlocutory process and otherwise there be no order as to costs of each interlocutory process." 'The stay...