Re Chircan Holdings [2002] NSWSC 988

Re Chircan Holdings [2002] NSWSC 988

There are no grounds for setting aside or restricting the examination summons or orders for production; Pt 36 r 12 remains available for document production in examination proceedings, corporations cannot be summoned for examination, and the breadth of 'examinable affairs' encompasses the documents and dealings sought.

Jurisdiction
Australia
Judgment Date
17 October 2002
Procedural Posture
Interlocutory Application / Application to Set Aside or Limit Examination Summons and Orders for Production
Outcome
Application dismissed
Legal Topics
['examination Summons' 'orders for Production' 'winding Up' 'examinable Affairs' 'insolvent Trading' 'liquidator Powers']
['corporations Law'] ['examination Summons' 'orders for Production' 'winding Up' 'examinable Affairs' 'insolvent Trading' 'liquidator Powers']

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Procedural Posture

Interlocutory Application / Application to Set Aside or Limit Examination Summons and Orders for Production

Legal Issues

  1. 1 ['Whether Corporations Act provisions impliedly prohibit use by liquidator of orders for production under Supreme Court Rules' 'Whether a corporation can be subject to an examination summons under s.596A/s.596B' 'Whether orders for production are oppressive or lack requisite connection with the examinable affairs' "Breadth of 'examinable affairs' concept"]

Ratio Decidendi

There are no grounds for setting aside or restricting the examination summons or orders for production; Pt 36 r 12 remains available for document production in examination proceedings, corporations cannot be summoned for examination, and the breadth of 'examinable affairs' encompasses the documents and dealings sought.

Court Disposition

Application dismissed

Orders

  • ['Interlocutory process filed on 4 October 2002 dismissed with costs']