In the matter of S.C.W. Pty Ltd [2017] NSWSC 1314

In the matter of S.C.W. Pty Ltd [2017] NSWSC 1314

The majority of the remaining disputed documents were prepared or received by the liquidator in management of the company's business and are the company's property, to be returned pursuant to the existing court order. Some documents, namely internal notes or materials prepared solely for the liquidator's statutory obligations or internal use, are not company property.

Parties
First Plaintiff: Leslie John Schirato; Second Plaintiff: Schirato Pty Ltd; First Defendant: S.C.W. Pty Ltd; Second Defendant: Clelia Winton; Third Defendant: Canwin (Aust) Pty Ltd
Jurisdiction
Australia
Judgment Date
28 September 2017
Procedural Posture
Application Under Corporations Act S 482(3); Interlocutory Application Regarding the Return of Company Documents by Former Liquidator / Ruling on Disputed Documents; Matter Stood Over for 7 Days
Outcome
Findings as to the ownership of disputed documents; most must be returned to the company; matter stood over for 7 days for compliance and possible further orders as to costs.
Legal Topics
Winding Up, Liquidators’ Duties, Return of Books and Records, Ownership of Books and Records Post Liquidation
Corporations Law Equity Winding Up Liquidators’ Duties Return of Books and Records Ownership of Books and Records Post Liquidation

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Parties

Leslie John Schirato

First Plaintiff

Schirato Pty Ltd

Second Plaintiff

S.C.W. Pty Ltd

First Defendant

Clelia Winton

Second Defendant

Canwin (Aust) Pty Ltd

Third Defendant

Procedural Posture

Application Under Corporations Act S 482(3); Interlocutory Application Regarding the Return of Company Documents by Former Liquidator / Ruling on Disputed Documents; Matter Stood Over for 7 Days

Legal Issues

  1. 1 Whether certain documents in possession of former liquidator are the property of the company or the liquidator
  2. 2 Obligations of former liquidator to return documents to company on termination of winding up

Ratio Decidendi

The majority of the remaining disputed documents were prepared or received by the liquidator in management of the company's business and are the company's property, to be returned pursuant to the existing court order. Some documents, namely internal notes or materials prepared solely for the liquidator's statutory obligations or internal use, are not company property.

Court Disposition

Findings as to the ownership of disputed documents; most must be returned to the company; matter stood over for 7 days for compliance and possible further orders as to costs.

Orders

  • Most of the disputed documents must be returned to S.C.W. Pty Ltd pursuant to the previous order of Gleeson JA.
  • Matter stood over for 7 days for Mr Louttit to remedy non-compliance and for further argument as to costs, if necessary.