Heli-Muster Pty Ltd v Chubb [2001] NSWSC 999

Heli-Muster Pty Ltd v Chubb [2001] NSWSC 999

Using the summonses and orders for production in this manner, against individuals who have already served witness statements in ongoing related proceedings, constitutes an abuse of process except potentially where relevant to the financial ability of the company to meet any judgment; therefore, most orders for production and examination were set aside except the examination summons for one individual, limited in scope.

Parties
Applicant: Heli Muster Pty Limited; Plaintiff/respondent: Morgan James Chubb as liquidator for Johnson Wire Forming Pty Limited
Jurisdiction
Australia
Judgment Date
12 October 2001
Procedural Posture
Interlocutory Application / Application to Set Aside Examination Summonses and Orders for Production
Outcome
Application partially granted.
Legal Topics
Winding Up, Liquidator's Powers, Examination Summons, Abuse of Process
Corporations Equity Winding Up Liquidator's Powers Examination Summons Abuse of Process

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Heli Muster Pty Limited

Applicant

Morgan James Chubb as liquidator for Johnson Wire Forming Pty Limited

Plaintiff/respondent

Procedural Posture

Interlocutory Application / Application to Set Aside Examination Summonses and Orders for Production

Legal Issues

  1. 1 Whether the liquidator's use of examination summonses and orders for production against directors and employees of a company being sued by the company in liquidation amounted to an abuse of process

Ratio Decidendi

Using the summonses and orders for production in this manner, against individuals who have already served witness statements in ongoing related proceedings, constitutes an abuse of process except potentially where relevant to the financial ability of the company to meet any judgment; therefore, most orders for production and examination were set aside except the examination summons for one individual, limited in scope.

Court Disposition

Application partially granted.

Orders

  • The claim in paragraph 1 of the amended interlocutory process is dismissed.
  • Examination summonses and orders for production served on Michael Clancy and Ian Phillip Scott Dale are discharged.