ASIC v Karl Suleman Enterprizes Pty Ltd (in liq) [2003] NSWSC 278

ASIC v Karl Suleman Enterprizes Pty Ltd (in liq) [2003] NSWSC 278

Although the bench warrant was justified on the evidence before the Court when it was made ex parte, the unchallenged evidence later established that Mr Tailo was ill and therefore had reasonable cause for not attending. In those circumstances, no order as to costs should be made against him.

Jurisdiction
Australia
Judgment Date
27 March 2003
Procedural Posture
Corporations Winding Up; Liquidator's Examination / Application to Discharge Bench Warrant and for Costs After Failure of Examinee to Attend
Outcome
Warrant discharged; no order as to costs.
Legal Topics
['winding Up' "liquidator's Examination" 'bench Warrant' 'failure to Attend Summons' 'reasonable Cause' 'costs']
['corporations Law' 'civil Procedure' 'costs'] ['winding Up' "liquidator's Examination" 'bench Warrant' 'failure to Attend Summons' 'reasonable Cause' 'costs']

Case Brief

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Procedural Posture

Corporations Winding Up; Liquidator's Examination / Application to Discharge Bench Warrant and for Costs After Failure of Examinee to Attend

Legal Issues

  1. 1 ["Whether the warrant issued for Mr Tailo's arrest should be discharged after he voluntarily attended court and was examined." "Whether Mr Tailo had reasonable cause for failing to attend the liquidator's examination." "Whether costs should be ordered against Mr Tailo for the liquidator's application for a bench warrant."]

Ratio Decidendi

Although the bench warrant was justified on the evidence before the Court when it was made ex parte, the unchallenged evidence later established that Mr Tailo was ill and therefore had reasonable cause for not attending. In those circumstances, no order as to costs should be made against him.

Court Disposition

Warrant discharged; no order as to costs.

Orders

  • ['The warrant issued yesterday is discharged.' 'No order as to costs.']