In the matter of Liquor National Pty Ltd ACN 100 586 776 (receivers and managers appointed) [2013] NSWSC 1743

In the matter of Liquor National Pty Ltd ACN 100 586 776 (receivers and managers appointed) [2013] NSWSC 1743

Because service in compliance with the substituted service orders was established, investigating the first defendant's medical condition was a distraction; the better course was to make final production orders capable of being served on the first defendant, with leave reserved to apply to vary or set them aside.

Jurisdiction
Australia
Judgment Date
23 September 2013
Procedural Posture
Interlocutory Application in Equity Division Corporations List / Application for Production of Books and Records Following Substituted Service
Outcome
Order for production made.
Legal Topics
['production of Books and Records' 'substituted Service' 'legal Incapacity' 'appointment of Tutor' 'receivers and Managers']
['procedure' 'corporations'] ['production of Books and Records' 'substituted Service' 'legal Incapacity' 'appointment of Tutor' 'receivers and Managers']

Case Brief

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Procedural Posture

Interlocutory Application in Equity Division Corporations List / Application for Production of Books and Records Following Substituted Service

Legal Issues

  1. 1 ["Whether the plaintiff should be permitted to issue subpoenas to obtain additional evidence as to the first defendant's medical condition." 'Whether, given established substituted service and a medical certificate concerning the first defendant, final orders for production should be made with leave reserved to apply to set them aside.']

Ratio Decidendi

Because service in compliance with the substituted service orders was established, investigating the first defendant's medical condition was a distraction; the better course was to make final production orders capable of being served on the first defendant, with leave reserved to apply to vary or set them aside.

Court Disposition

Order for production made.

Orders

  • ['The first defendant attend before the Court on Monday 14 October 2013 at 9.45am and produce to the court at that time the books and records, including electronic copies, of Liquor National Proprietary Limited ACN 100586776, Wine National Proprietary Limited ACN 100586785, Sundara Proprietary Limited ACN 003647130,...