Palmer, in the matter of Queensland Nickel Pty Ltd (in liq) v Park (Liquidator) [2017] FCA 618

Palmer, in the matter of Queensland Nickel Pty Ltd (in liq) v Park (Liquidator) [2017] FCA 618

Both grounds relied on by Mr Palmer are rejected. The order for production was within the Court’s power as it met the criteria of s 597(9) of the Corporations Act. Requiring Mr Palmer to attend and produce is not oppressive given the notice, opportunities for extension, and accommodations already made.

Parties
Applicant: Clive Frederick Palmer; First Respondent: John Park in his capacity as a joint and several liquidator of Queensland Nickel Pty Ltd (in liquidation); Second Respondent: Stefan Dopking in his capacity as a joint and several liquidator of Queensland Nickel Pty Ltd (in liquidation); Third Respondent: Kelly-Anne Trenfield in her capacity as a joint and several liquidator of Queensland Nickel Pty Ltd (in liquidation); Fourth Respondent: Quentin Olde in his capacity as a joint and several liquidator of Queensland Nickel Pty Ltd (in liquidation); First Respondent: Marcus William Ayres in his capacity as a joint and several liquidator of Queensland Nickel Pty Ltd (in liquidation); Second Respondent: Stephen Parbery in his capacity as a joint and several liquidator of Queensland Nickel Pty Ltd (in liquidation); Third Respondent: Michael Andrew Owen in his capacity as a joint and several liquidator of Queensland Nickel Pty Ltd (in liquidation)
Jurisdiction
Australia
Judgment Date
09 February 2017
Procedural Posture
Interlocutory Application / Application to Adjourn and Set Aside Orders for Production and Examination; Dismissed
Outcome
Application dismissed
Legal Topics
Examination of Directors, Production of Documents, Oppression, Court Powers Under Corporations Act
Corporations Examination of Directors Production of Documents Oppression Court Powers Under Corporations Act

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Parties

Clive Frederick Palmer

Applicant

John Park in his capacity as a joint and several liquidator of Queensland Nickel Pty Ltd (in liquidation)

First Respondent

Stefan Dopking in his capacity as a joint and several liquidator of Queensland Nickel Pty Ltd (in liquidation)

Second Respondent

Kelly-Anne Trenfield in her capacity as a joint and several liquidator of Queensland Nickel Pty Ltd (in liquidation)

Third Respondent

Quentin Olde in his capacity as a joint and several liquidator of Queensland Nickel Pty Ltd (in liquidation)

Fourth Respondent

Marcus William Ayres in his capacity as a joint and several liquidator of Queensland Nickel Pty Ltd (in liquidation)

First Respondent

Stephen Parbery in his capacity as a joint and several liquidator of Queensland Nickel Pty Ltd (in liquidation)

Second Respondent

Michael Andrew Owen in his capacity as a joint and several liquidator of Queensland Nickel Pty Ltd (in liquidation)

Third Respondent

Procedural Posture

Interlocutory Application / Application to Adjourn and Set Aside Orders for Production and Examination; Dismissed

Legal Issues

  1. 1 Whether the order for production of documents was within the Court's power under s 597(9) of the Corporations Act 2001 (Cth)
  2. 2 Whether requiring Mr Palmer to produce documents and attend examination constituted oppression

Ratio Decidendi

Both grounds relied on by Mr Palmer are rejected. The order for production was within the Court’s power as it met the criteria of s 597(9) of the Corporations Act. Requiring Mr Palmer to attend and produce is not oppressive given the notice, opportunities for extension, and accommodations already made.

Court Disposition

Application dismissed

Orders

  • The interlocutory application filed by Mr Palmer on 7 February 2017 is dismissed in both proceedings.