Livingstone (Liquidator) v Lutui, in the matter of Suria Global (L) Pty Ltd (Receivers and Managers appointed) (in liq) [2023] FCA 609

Livingstone (Liquidator) v Lutui, in the matter of Suria Global (L) Pty Ltd (Receivers and Managers appointed) (in liq) [2023] FCA 609

The respondent had been summoned to attend for examination, including by a summons deemed served on him, failed to attend at 10:15am on 6 June 2023 and again after adjournments, and no reasonable excuse was apparent. Those matters enlivened the Court's discretion under r 11.10 and made it appropriate to order the issue of a warrant for his arrest and ancillary orders.

Jurisdiction
Australia
Judgment Date
06 June 2023
Procedural Posture
Corporations Application for Issue of an Arrest Warrant Arising From Failure to Comply With Examination Summons / Application Heard and Orders Made on 6 June 2023; Reasons Published on 8 June 2023
Outcome
Application granted; warrant for the respondent's arrest ordered and ancillary orders made.
Legal Topics
['examination Summons' 'arrest Warrant for Failure to Attend Examination' 'deemed Service' 'liquidation']
['corporations' 'corporate Insolvency' 'civil Procedure'] ['examination Summons' 'arrest Warrant for Failure to Attend Examination' 'deemed Service' 'liquidation']

Case Brief

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Procedural Posture

Corporations Application for Issue of an Arrest Warrant Arising From Failure to Comply With Examination Summons / Application Heard and Orders Made on 6 June 2023; Reasons Published on 8 June 2023

Legal Issues

  1. 1 ['Whether the respondent was summoned or ordered by the Court to attend for examination.' 'Whether the respondent failed to attend at the time and place appointed for the examination.' "Whether the respondent's failure to attend was without reasonable cause." "Whether the Court should exercise its discretion under r 11.10 of the Federal Court (Corporations) Rules 2011 (Cth) to issue a warrant for the respondent's arrest."]

Ratio Decidendi

The respondent had been summoned to attend for examination, including by a summons deemed served on him, failed to attend at 10:15am on 6 June 2023 and again after adjournments, and no reasonable excuse was apparent. Those matters enlivened the Court's discretion under r 11.10 and made it appropriate to order the issue of a warrant for his arrest and ancillary orders.

Court Disposition

Application granted; warrant for the respondent's arrest ordered and ancillary orders made.

Orders

  • ['This application be returnable instanter.' 'An order pursuant to rule 11.10 of the Federal Court (Corporations) Rules 2011 (Cth) that a warrant be issued and addressed to the Sheriff to arrest John Ata Alan Lutui and to bring that person before the Court to be examined under section 596A of the Corporations Act...