In the matter of 1st Fleet Pty Ltd (in liquidation) [2019] NSWSC 6

In the matter of 1st Fleet Pty Ltd (in liquidation) [2019] NSWSC 6

The Court refused orders about the committee of inspection because the Liquidators had confirmed that no further responsive documents were known, the original request was framed in argumentative terms requiring the Liquidators to establish propositions they did not advance, and the Originating Process materially reformulated the request. The Court ordered production of information concerning the calculation of each remuneration payment because the Commonwealth had made a valid request for information and documents under the Insolvency Practice Schedule (Corporations), the Liquidators had not produced the requested time-based remuneration information, and no statutory or discretionary...

Jurisdiction
Australia
Judgment Date
16 January 2019
Procedural Posture
Corporations List Application for Orders Compelling External Administrators to Provide Specified Information and Documents / Originating Process; Principal Judgment
Outcome
Order made under s 70-90 or s 90-15 of the Insolvency Practice Schedule (Corporations) in respect of the information or documents sought in paragraph 1(c) but not paragraph 1(a) of the Originating Process.
Legal Topics
["creditors' Requests for Information and Documents" 'commonwealth Requests for Information in External Administration' "liquidators' Remuneration" 'committee of Inspection' 'insolvency Practice Schedule (corporations) Ss 70 45, 70 55, 70 90 and 90 15']
['corporations' 'insolvency' 'civil Procedure'] ["creditors' Requests for Information and Documents" 'commonwealth Requests for Information in External Administration' "liquidators' Remuneration" 'committee of Inspection' 'insolvency Practice Schedule (corporations) Ss 70 45, 70 55, 70 90 and 90 15']

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Procedural Posture

Corporations List Application for Orders Compelling External Administrators to Provide Specified Information and Documents / Originating Process; Principal Judgment

Legal Issues

  1. 1 ['Whether orders should be made under s 70-90 or s 90-15 of the Insolvency Practice Schedule (Corporations) in respect of information and documents sought about the constitution of the committee of inspection.' 'Whether orders should be made under s 70-90 or s 90-15 of the Insolvency Practice Schedule (Corporations) in respect of information and documents sought about the calculation of each remuneration payment made to the Liquidators.' "Whether the Commonwealth's requests under ss 70-45 and 70-55 of the Insolvency Practice Schedule (Corporations) were subject to limitations based on reasonableness, vexatiousness, purpose, prior provision of information to the committee of inspection, or the availability of remuneration review procedures."]

Ratio Decidendi

The Court refused orders about the committee of inspection because the Liquidators had confirmed that no further responsive documents were known, the original request was framed in argumentative terms requiring the Liquidators to establish propositions they did not advance, and the Originating Process materially reformulated the request. The Court ordered production of information concerning the calculation of each remuneration payment because the Commonwealth had made a valid request for information and documents under the Insolvency Practice Schedule (Corporations), the Liquidators had not produced the requested time-based remuneration information, and no statutory or discretionary...

Court Disposition

Order made under s 70-90 or s 90-15 of the Insolvency Practice Schedule (Corporations) in respect of the information or documents sought in paragraph 1(c) but not paragraph 1(a) of the Originating Process.

Orders

  • ['The parties are to bring in agreed short minutes of order to give effect to the judgment within 14 days or, if there is no agreement, their respective short minutes of order and short submissions as to the differences between them.' 'No order was made for production of further information or documents relating to...