Re Clutha Limited [2000] NSWSC 647

Re Clutha Limited [2000] NSWSC 647

The court has the power under s 597(9) of the Corporations Law to order the production of documents at a director's examination if they are relevant to the examinable affairs of the company, even prior to establishing a clear cause of action; the decision is primarily for the person conducting the examination, with the court retaining supervisory power.

Parties
Applicant: John Knox Doherty; Applicant: Frederick W Millar; Applicant: John M Armstrong; Applicant: Charles R Longworth; Applicant: Ernest N Scott; Applicant: Donald G Thomas; Applicant: Denis J Frew; Respondent Liquidator: Timothy James Cuming
Jurisdiction
Australia
Judgment Date
22 June 2000
Procedural Posture
Corporations Winding Up / Notice of Motion to Review Order for Production of Documents at Examination
Outcome
Notice of motion dismissed with costs
Legal Topics
Winding Up, Production of Documents, Examination of Directors, Court's Power Under S 597(9)
Corporations Law Winding Up Production of Documents Examination of Directors Court's Power Under S 597(9)

Case Brief

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Parties

John Knox Doherty

Applicant

Frederick W Millar

Applicant

John M Armstrong

Applicant

Charles R Longworth

Applicant

Ernest N Scott

Applicant

Donald G Thomas

Applicant

Denis J Frew

Applicant

Timothy James Cuming

Respondent Liquidator

Procedural Posture

Corporations Winding Up / Notice of Motion to Review Order for Production of Documents at Examination

Legal Issues

  1. 1 Whether court should order production of documents relating to directors' private affairs under s 597(9) of the Corporations Law during an examination without prima facie cause of action
  2. 2 The extent of documents that may be requested at an examination of former company directors

Ratio Decidendi

The court has the power under s 597(9) of the Corporations Law to order the production of documents at a director's examination if they are relevant to the examinable affairs of the company, even prior to establishing a clear cause of action; the decision is primarily for the person conducting the examination, with the court retaining supervisory power.

Court Disposition

Notice of motion dismissed with costs

Orders

  • Notice of motion dismissed
  • Applicants to pay costs