Town & Country Marketing Pty Limited (In Liquidation) [2003] NSWSC 195

Town & Country Marketing Pty Limited (In Liquidation) [2003] NSWSC 195

The Court was not satisfied that personal service had been effected due to conflicting affidavits and the absence of cross-examination or further contextual evidence, and thus the foundation necessary for the compulsory examination was not met.

Jurisdiction
Australia
Judgment Date
19 March 2003
Procedural Posture
Examination Proceedings in Liquidation / Application for Public Examination—preliminary/procedural Hearing
Outcome
Examination not to proceed
Legal Topics
['winding Up' 'public Examination' 'personal Service' 'substituted Service']
['corporations Law'] ['winding Up' 'public Examination' 'personal Service' 'substituted Service']

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Procedural Posture

Examination Proceedings in Liquidation / Application for Public Examination—preliminary/procedural Hearing

Legal Issues

  1. 1 ['Whether examination may proceed when there is an unresolved conflict in the evidence about whether personal service has been effected']

Ratio Decidendi

The Court was not satisfied that personal service had been effected due to conflicting affidavits and the absence of cross-examination or further contextual evidence, and thus the foundation necessary for the compulsory examination was not met.

Court Disposition

Examination not to proceed

Orders

  • ['Examination of Mr and Mrs Walton not to proceed today' "Costs of today's application reserved"]