Pan Pharmaceuticals Limited (In Liquidation) ACN 091 032 914 [2007] FCA 1016

Pan Pharmaceuticals Limited (In Liquidation) ACN 091 032 914 [2007] FCA 1016

Because the communications and service attempts gave rise to an inference that Mr Issa still had a connection with 122 Chetwynd Road, Merrylands and it was more likely than not that he had become aware of the Court's requirement to attend for examination, the Court was prepared to order the issue of a warrant for his arrest to bring him before the Court for examination.

Jurisdiction
Australia
Judgment Date
28 May 2007
Procedural Posture
Application by Liquidators Under Rule 11.10(2) of the Federal Court (corporations) Regulations 2001 for a Warrant to Arrest a Person to Be Examined Under S 596 B of the Corporations Act 2001 (cth) / Orders and Reasons Following Non Attendance for Examination
Outcome
Application granted; warrant ordered to issue for Mr Issa's arrest, with execution deferred until 4 June 2007 at 4.00 pm and notice to be given to him.
Legal Topics
['public Examination' 'examinable Affairs' 'arrest Warrant' 'failure to Attend Examination' 'substituted Service']
['corporations Law' 'insolvency' 'civil Procedure'] ['public Examination' 'examinable Affairs' 'arrest Warrant' 'failure to Attend Examination' 'substituted Service']

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Procedural Posture

Application by Liquidators Under Rule 11.10(2) of the Federal Court (corporations) Regulations 2001 for a Warrant to Arrest a Person to Be Examined Under S 596 B of the Corporations Act 2001 (cth) / Orders and Reasons Following Non Attendance for Examination

Legal Issues

  1. 1 ['Whether Rule 11.10(2) of the Federal Court (Corporations) Regulations 2001 applied because Mr Issa was summoned or ordered to attend for examination and failed to attend without reasonable cause.' "Whether the circumstances supported issuing a warrant for Mr Issa's arrest to bring him before the Court to be examined about the examinable affairs of Pan Pharmaceuticals Limited (In Liquidation)."]

Ratio Decidendi

Because the communications and service attempts gave rise to an inference that Mr Issa still had a connection with 122 Chetwynd Road, Merrylands and it was more likely than not that he had become aware of the Court's requirement to attend for examination, the Court was prepared to order the issue of a warrant for his arrest to bring him before the Court for examination.

Court Disposition

Application granted; warrant ordered to issue for Mr Issa's arrest, with execution deferred until 4 June 2007 at 4.00 pm and notice to be given to him.

Orders

  • ['Pursuant to Rule 11.10(2) of the Federal Court (Corporations Regulations) 2001, a warrant issue addressed to the Sheriff to arrest Salim Issa (Sam Issa) and to bring him before the Court to be examined under s 596B of the Corporations Act 2001 (Cth) on oath or affirmation about the examinable affairs of Pan...