Coast Reo v Asset Builders [2007] NSWSC 853

The plaintiff is acting in good faith and the inspection sought is for a proper purpose. The Court therefore authorises Mr Paul Alexander Russell to inspect the books of Asset Builders Pty Limited on behalf of the plaintiff, but copies of books are not to be taken without prior written consent of the defendant or order of the Court.

Parties: Plaintiff: Coast Reo Pty Ltd; Defendant: Asset Builders Pty Ltd
Jurisdiction: Australia
Judgment Date: 30 July 2007
Procedural Posture: Application / Ex Tempore Judgment
Outcome: application granted in part
Legal Topics: Inspection of Books, Good Faith and Proper Purpose, Commercial in Confidence

Corporations Inspection of Books Good Faith and Proper Purpose Commercial in Confidence

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Parties

Coast Reo Pty Ltd

Plaintiff

Asset Builders Pty Ltd

Defendant

Procedural Posture

Application / Ex Tempore Judgment

Legal Issues

1 Whether the plaintiff is entitled under s 247A(1)(b) and (2) of the Corporations Act 2001 (Cth) to inspect the books of the defendant
2 Whether inspection is to be carried out in good faith and for a proper purpose
3 Whether copies of inspected books may be taken

Ratio Decidendi

Court Disposition

application granted in part

Orders

Mr Paul Alexander Russell is authorised to inspect the books of Asset Builders Pty Limited ACN 087 721 220 on behalf of the plaintiff, Coast Reo Pty Limited.
Without the prior written consent of the defendant or order of this Court copies of books so inspected are not to be taken.