Australian Securities & Investments Commission, In the Matter of Richstar Enterprises Pty Ltd ACN 099 071 968 (No 8) v Carey [2006] FCA 1208

Australian Securities & Investments Commission, In the Matter of Richstar Enterprises Pty Ltd ACN 099 071 968 (No 8) v Carey [2006] FCA 1208

Given inconsistencies and lack of cooperation by the first defendant in previous disclosure, and to assist the receivers and ASIC in identifying assets, the Court granted further orders compelling the first defendant to produce specified documents and to request documents from third party institutions. The first defendant’s motion to set aside the Registrar's order was dismissed as academic.

Jurisdiction
Australia
Judgment Date
05 September 2006
Procedural Posture
Civil / Interlocutory Application/motion for Further Document Production and Enforcement of Prior Orders
Outcome
Plaintiff’s (ASIC) amended motion granted. First defendant’s motion dismissed. Costs of ASIC’s amended motion to be paid by the first defendant. No order as to costs for the dismissed motion.
Legal Topics
['asset Disclosure' 'receivership' 'document Production' 'examination of Judgment Debtor' 'interlocutory Injunctions']
['corporations Law' 'commercial Law' 'civil Procedure'] ['asset Disclosure' 'receivership' 'document Production' 'examination of Judgment Debtor' 'interlocutory Injunctions']

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Procedural Posture

Civil / Interlocutory Application/motion for Further Document Production and Enforcement of Prior Orders

Legal Issues

  1. 1 ['Whether the first defendant, Mr Carey, complied with previous disclosure and production orders' 'Whether further orders for production of documents and letters of request to third parties should be made' "Whether the first defendant's motion to set aside a Registrar’s order should be granted"]

Ratio Decidendi

Given inconsistencies and lack of cooperation by the first defendant in previous disclosure, and to assist the receivers and ASIC in identifying assets, the Court granted further orders compelling the first defendant to produce specified documents and to request documents from third party institutions. The first defendant’s motion to set aside the Registrar's order was dismissed as academic.

Court Disposition

Plaintiff’s (ASIC) amended motion granted. First defendant’s motion dismissed. Costs of ASIC’s amended motion to be paid by the first defendant. No order as to costs for the dismissed motion.

Orders

  • ['First defendant to serve on plaintiff within seven days documents in specified categories relating to financial dealings, trusts, companies, and accounts.' 'First defendant to send letters within 48 hours to Mercator Trust Company Limited, ING Asia Private Bank Limited, and Citibank NA Singapore Orchard Branch...