Commissioner of Fair Trading v Live At Home, Goulburn & Districts Incorporated [2007] NSWSC 408

Commissioner of Fair Trading v Live At Home, Goulburn & Districts Incorporated [2007] NSWSC 408

Because the examinees' solicitor had only just received the statement of claim, fairness required that he have an opportunity to consider the claims and determine the permissible bounds of any examinations, particularly where no specific prejudice from a further adjournment was suggested. The examinations should therefore not continue that day.

Jurisdiction
Australia
Judgment Date
26 April 2007
Procedural Posture
Corporations List Winding Up Examination Under S.596 B of the Corporations Act 2001 (cth) as Applied to an Incorporated Association / Question Whether Scheduled Examinations Should Be Adjourned After Proceedings Were Commenced Against the Examinees
Outcome
Examinations adjourned
Legal Topics
['winding Up' 'examination Summonses' 'adjournment of Examinations' 'proceedings Pending Against Examinees' 'improper Purpose in Examinations']
['corporations Law' 'incorporated Associations' 'civil Procedure'] ['winding Up' 'examination Summonses' 'adjournment of Examinations' 'proceedings Pending Against Examinees' 'improper Purpose in Examinations']

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Procedural Posture

Corporations List Winding Up Examination Under S.596 B of the Corporations Act 2001 (cth) as Applied to an Incorporated Association / Question Whether Scheduled Examinations Should Be Adjourned After Proceedings Were Commenced Against the Examinees

Legal Issues

  1. 1 ['Whether examinations under s.596B of the Corporations Act 2001 (Cth) should continue where the liquidator had commenced proceedings against the examinees and their solicitor received the statement of claim only shortly before the examinations were due to recommence.' 'Whether the examinees should be given time to consider whether the pending proceedings provided a basis to apply for discharge of the examination summonses and to understand the scope of permissible questioning.']

Ratio Decidendi

Because the examinees' solicitor had only just received the statement of claim, fairness required that he have an opportunity to consider the claims and determine the permissible bounds of any examinations, particularly where no specific prejudice from a further adjournment was suggested. The examinations should therefore not continue that day.

Court Disposition

Examinations adjourned

Orders

  • ['Each examination summons be stood over generally with liberty to the liquidator to approach the Registry with a view to obtaining a future date before the Registrar.']