Australian Securities Commission v Neely, Robert Lee [1996] FCA 965

Australian Securities Commission v Neely, Robert Lee [1996] FCA 965

The respondent appeared to have company documents under his control which he did not deliver up to the liquidator in accordance with s.483, and when given an opportunity to identify where documents could be obtained he gave significantly incomplete locations. The warrant and related proceedings were caused to a...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
26 September 1996
Procedural Posture
Application for Costs of and Incidental to an Application for a Warrant to Obtain Company Documents / Costs Application
Outcome
The respondent was ordered to pay the costs of and incidental to the proceeding.
Legal Topics
["officer's Obligation to Deliver Up Company Documents" 'warrant to Obtain Documents' 'costs']
['corporations Law' 'civil Procedure'] ["officer's Obligation to Deliver Up Company Documents" 'warrant to Obtain Documents' 'costs']

Source-derived case record

Summary, issues, holding and outcome

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Procedural Posture

Application for Costs of and Incidental to an Application for a Warrant to Obtain Company Documents / Costs Application

Legal Issues

  1. 1 ['Whether the respondent should pay the costs of and incidental to the proceeding for an application for a warrant to obtain documents of Sugar Shack Australia Pty Limited.']

Ratio Decidendi

The respondent appeared to have company documents under his control which he did not deliver up to the liquidator in accordance with s.483, and when given an opportunity to identify where documents could be obtained he gave significantly incomplete locations. The warrant and related proceedings were caused to a significant extent by conduct of the respondent which ought not to have occurred, making it appropriate that he pay the costs of and incidental to the proceeding.

Court Disposition

The respondent was ordered to pay the costs of and incidental to the proceeding.

Orders

  • ['The respondent pay the costs of and incidental to the proceeding.']