Thomas, in the matter of La La Land Byron Bay Pty Ltd (In Liq) [2019] FCA 552

Thomas, in the matter of La La Land Byron Bay Pty Ltd (In Liq) [2019] FCA 552

Summonses must issue under s 596A to relevant officers of the corporation as the applicant is an eligible person and statutory criteria are satisfied. The Court's discretion under s 596B is exercised to issue a summons to Mr Roger, as he may have information relevant to the examinable affairs of the company. Adjournment of other proposed summonses is appropriate as they were not pressed at this hearing.

Parties
Applicant: Luke Thomas; Subject Company: La La Land Byron Bay Pty Ltd (In Liquidation)
Jurisdiction
Australia
Judgment Date
18 April 2019
Procedural Posture
Corporations Matter: Application for Examination Summonses / Judgment on Application
Outcome
Application granted for issuance of examination summonses to specified individuals; other summonses adjourned; costs reserved.
Legal Topics
Examinable Affairs, Examination Under Corporations Act, Corporate Officers, Liquidator Conduct
Corporations Law Insolvency Examinable Affairs Examination Under Corporations Act Corporate Officers Liquidator Conduct

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Parties

Luke Thomas

Applicant

La La Land Byron Bay Pty Ltd (In Liquidation)

Subject Company

Procedural Posture

Corporations Matter: Application for Examination Summonses / Judgment on Application

Legal Issues

  1. 1 Whether applicant is eligible under ss 596A and 596B of the Corporations Act 2001 (Cth)
  2. 2 Whether individuals are officers or sufficiently involved in examinable affairs of the company
  3. 3 Whether summonses for examination should issue under s 596A (mandatory) and s 596B (discretionary)

Ratio Decidendi

Summonses must issue under s 596A to relevant officers of the corporation as the applicant is an eligible person and statutory criteria are satisfied. The Court's discretion under s 596B is exercised to issue a summons to Mr Roger, as he may have information relevant to the examinable affairs of the company. Adjournment of other proposed summonses is appropriate as they were not pressed at this hearing.

Court Disposition

Application granted for issuance of examination summonses to specified individuals; other summonses adjourned; costs reserved.

Orders

  • Registrar to issue summonses to Mr Keri Taiaroa, Mr Andrew Poulter, Mr Peter Raftopoulos pursuant to s 596A of the Corporations Act 2001 (Cth).
  • Registrar to issue a summons to Mr Peter Roger pursuant to s 596B of the Corporations Act 2001 (Cth).