Violi v Livingstone (Liquidator), in the matter of Suria Global (L) Pty Ltd (Receivers and Managers appointed) (in liq) [2023] FCA 1363

Violi v Livingstone (Liquidator), in the matter of Suria Global (L) Pty Ltd (Receivers and Managers appointed) (in liq) [2023] FCA 1363

The extension of time was refused because Mr Violi did not adequately explain the delay between the expiry of the 3-day period and 28 September 2023, making it impossible to assess the justice of extending time, and because the proposed discharge application lacked sufficient merit: the Court was not persuaded on the balance of probabilities that the liquidators sought to examine him for the improper purpose of assisting the plaintiffs in the Supreme Court proceedings rather than for proper investigative purposes concerning Suria's examinable affairs.

Jurisdiction
Australia
Judgment Date
03 November 2023
Procedural Posture
Application for Extension of Time to Apply to Discharge an Examination Summons / Interlocutory Application
Outcome
Interlocutory application dismissed; extension of time refused; costs to be heard.
Legal Topics
['extension of Time' 'examination Summons' 'discharge of Summons' 'delay' 'improper Purpose' "liquidators' Investigations" 'concurrent Supreme Court Proceedings' 'civil Standard of Proof']
['bankruptcy and Insolvency' 'corporations and Corporate Insolvency' 'civil Procedure' 'evidence'] ['extension of Time' 'examination Summons' 'discharge of Summons' 'delay' 'improper Purpose' "liquidators' Investigations" 'concurrent Supreme Court Proceedings' 'civil Standard of Proof']

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Procedural Posture

Application for Extension of Time to Apply to Discharge an Examination Summons / Interlocutory Application

Legal Issues

  1. 1 ['Whether the time for Mr Violi to apply to discharge the examination summons should be extended.' 'Whether the delay in bringing the discharge application was adequately explained.' 'Whether the proposed application to discharge the examination summons had sufficient merit.' 'Whether the liquidators were pursuing the examination for the improper purpose of assisting plaintiffs in concurrent Supreme Court of New South Wales proceedings.']

Ratio Decidendi

The extension of time was refused because Mr Violi did not adequately explain the delay between the expiry of the 3-day period and 28 September 2023, making it impossible to assess the justice of extending time, and because the proposed discharge application lacked sufficient merit: the Court was not persuaded on the balance of probabilities that the liquidators sought to examine him for the improper purpose of assisting the plaintiffs in the Supreme Court proceedings rather than for proper investigative purposes concerning Suria's examinable affairs.

Court Disposition

Interlocutory application dismissed; extension of time refused; costs to be heard.

Orders

  • ['The interlocutory application filed on 17 October 2023 be dismissed.' 'The parties provide mutually available dates for a hearing on costs to the Associate to Perram J by 4.00 pm on 10 November 2023.']