In the matter of Vista Capital Pty Limited (in liquidation) [2013] NSWSC 121

In the matter of Vista Capital Pty Limited (in liquidation) [2013] NSWSC 121

The application was dismissed because the Court was not satisfied that the Associate Justice made the decision or ruling appealed from, and because the Court could not make a blanket order that all evidence from the examination was inadmissible where admissibility would depend on whether the statutory conditions in s 597(12A), especially s 597(12A)(b), were satisfied for each particular answer.

Jurisdiction
Australia
Judgment Date
31 January 2013
Procedural Posture
Interlocutory Application in the Equity Division Corporations List Concerning a Liquidator's Examination / Appeal Under S 75 a of the Supreme Court Act and Uniform Civil Procedure Rules 2005 (nsw) R 49.8 From a Decision of an Associate Justice
Outcome
Application dismissed.
Legal Topics
["liquidator's Examination" 'privilege Against Self Incrimination' 'admissibility of Examination Evidence' 'appeal From Associate Justice']
['corporations' 'evidence' 'civil Procedure'] ["liquidator's Examination" 'privilege Against Self Incrimination' 'admissibility of Examination Evidence' 'appeal From Associate Justice']

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Procedural Posture

Interlocutory Application in the Equity Division Corporations List Concerning a Liquidator's Examination / Appeal Under S 75 a of the Supreme Court Act and Uniform Civil Procedure Rules 2005 (nsw) R 49.8 From a Decision of an Associate Justice

Legal Issues

  1. 1 ['Whether the Associate Justice made a decision or ruling that the examinee was not entitled to claim the benefit of s 597(12A) of the Corporations Act 2001 (Cth) by stating the word "privilege".' 'Whether the statutory privilege under s 597(12A) of the Corporations Act 2001 (Cth) can be invoked by the shorter form of claim "privilege".' 'Whether the Court should order that all evidence given by the examinee on 10 September 2012 is not admissible against him in the circumstances set out in s 597(12A) of the Corporations Act 2001 (Cth).']

Ratio Decidendi

The application was dismissed because the Court was not satisfied that the Associate Justice made the decision or ruling appealed from, and because the Court could not make a blanket order that all evidence from the examination was inadmissible where admissibility would depend on whether the statutory conditions in s 597(12A), especially s 597(12A)(b), were satisfied for each particular answer.

Court Disposition

Application dismissed.

Orders

  • ['The application is dismissed.']