Dickson, in the matter of Centaur Litigation SPC (in liq) v Centaur Litigation SPC (in liq) [2016] FCA 585

Dickson, in the matter of Centaur Litigation SPC (in liq) v Centaur Litigation SPC (in liq) [2016] FCA 585

Given the plaintiffs' concern that Scott Campbell Fisher is a flight risk and the interests of creditors may be prejudiced, the court is satisfied to issue a summons for examination and an order for production, and to prohibit the examinee from leaving Australia until 5 pm on 25 May 2016 or further order.

Jurisdiction
Australia
Judgment Date
23 May 2016
Procedural Posture
Corporations External Administration / Interlocutory Application/ex Parte Hearing
Outcome
Interlocutory relief granted ex parte; examinee restrained from leaving Australia temporarily; summons for examination and order for production issued; time for service abridged.
Legal Topics
['examination of Persons in Insolvency' 'application for Restraint on Leaving Australia' 'abridgement of Time for Service']
['corporations Law' 'cross Border Insolvency'] ['examination of Persons in Insolvency' 'application for Restraint on Leaving Australia' 'abridgement of Time for Service']

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Procedural Posture

Corporations External Administration / Interlocutory Application/ex Parte Hearing

Legal Issues

  1. 1 ['Whether to issue summons for examination in respect of Scott Campbell Fisher' 'Whether to issue an order for production against the examinee' 'Whether to temporarily restrain the examinee from leaving Australia in the interests of creditors']

Ratio Decidendi

Given the plaintiffs' concern that Scott Campbell Fisher is a flight risk and the interests of creditors may be prejudiced, the court is satisfied to issue a summons for examination and an order for production, and to prohibit the examinee from leaving Australia until 5 pm on 25 May 2016 or further order.

Court Disposition

Interlocutory relief granted ex parte; examinee restrained from leaving Australia temporarily; summons for examination and order for production issued; time for service abridged.

Orders

  • ['The interlocutory process be returnable before the Court instanter.' 'A summons for examination in respect of Scott Campbell Fisher be issued forthwith.' 'An order for production in respect of the examinee be issued forthwith.' 'Time for service of documents be abridged to 8 pm on 23 May 2016.' 'The examinee be...