Moage Ltd (in liq) [2002] NSWSC 419

There are no grounds to set aside or stay the examination summons; there is no special circumstance to justify a private examination; the examination may proceed but should be deferred for health reasons until after 3 July 2002.

Jurisdiction: Australia
Judgment Date: 13 May 2002
Procedural Posture: Application Relating to Winding Up and Examination Summons / Interlocutory Decision
Outcome: Applications refused; examination deferred; costs to respondent
Legal Topics: ['winding Up' 'examination Summons' "liquidator's Powers" 'public/private Examination' 'costs']

['corporations Law'] ['winding Up' 'examination Summons' "liquidator's Powers" 'public/private Examination' 'costs']

Case Brief

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Procedural Posture

Application Relating to Winding Up and Examination Summons / Interlocutory Decision

Legal Issues

1 ['Whether an order to set aside or stay an examination summons should be made' 'Whether the examination should be held in private due to fear of media misreporting' 'Whether limits should be imposed on the scope of the examination' 'Whether health concerns justify deferral of the examination']

Ratio Decidendi

Court Disposition

Applications refused; examination deferred; costs to respondent

Orders

['Application to set aside or stay examination summons refused' 'Direction to limit scope of examination refused' 'Direction to hold examination in private refused' 'Examination to be rescheduled for a date not before 3 July 2002' "Applicant to pay respondent's costs"]