ASIC v Karl Suleman Enterprizes [2002] NSWSC 1039

ASIC v Karl Suleman Enterprizes [2002] NSWSC 1039

The proposed examinations were for the proper purpose of investigating what had become of money received by Jessie George from the investment scheme and placed in the names of Wayne George and Steven George. Minors are not disqualified from giving evidence merely because they are minors, and any questions about their competence, the mode of giving evidence, or possible oppression could be controlled by the Registrar conducting the examination. There was therefore no reason on the material before the Court to doubt the propriety of summoning them for examination.

Jurisdiction
Australia
Judgment Date
30 October 2002
Procedural Posture
Corporations Winding Up Application for Examination Summons Under Section 596 B of the Corporations Act 2001 / Application by Liquidators for Orders for Examination of Witnesses
Outcome
Orders for examination made
Legal Topics
['winding Up' 'examination Summons' 'examination of Minors' 'competence and Compellability of Witnesses' 'managed Investment Scheme']
['corporations' 'evidence' 'infants and Children'] ['winding Up' 'examination Summons' 'examination of Minors' 'competence and Compellability of Witnesses' 'managed Investment Scheme']

Case Brief

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Procedural Posture

Corporations Winding Up Application for Examination Summons Under Section 596 B of the Corporations Act 2001 / Application by Liquidators for Orders for Examination of Witnesses

Legal Issues

  1. 1 ['Whether summonses for examination under section 596B of the Corporations Act 2001 should issue to minors.' 'Whether the proposed examination of Wayne George and Steven George would be for a proper purpose.' 'Whether the Evidence Act 1995 or the general law prevents minors from giving evidence in an examination.' 'Whether concerns about oppression in examining minors can be addressed by supervision of the examination by a Registrar.']

Ratio Decidendi

The proposed examinations were for the proper purpose of investigating what had become of money received by Jessie George from the investment scheme and placed in the names of Wayne George and Steven George. Minors are not disqualified from giving evidence merely because they are minors, and any questions about their competence, the mode of giving evidence, or possible oppression could be controlled by the Registrar conducting the examination. There was therefore no reason on the material before the Court to doubt the propriety of summoning them for examination.

Court Disposition

Orders for examination made

Orders

  • ['Orders made in accordance with the short minutes initialled by Campbell J and placed with the papers.' 'The orders may be entered forthwith.']