Queensland Trustees Ltd [v White & Gardiner Pty Ltd & Anor 1987] FCA 141

Queensland Trustees Ltd [v White & Gardiner Pty Ltd & Anor 1987] FCA 141

Section 387 of the Companies (Queensland) Code does not restrict the Federal Court's power to issue a subpoena and permit inspection and copying of documents in the ordinary course of litigation; in the special circumstances present, where inspection is needed to enable the applicant to assess and plead its case, the subpoena should be allowed with safeguards; objections as to oppression and prematurity are not persuasive on the facts.

Parties
Applicant: Queensland Trustees Limited; First Respondent: White & Gardiner Pty. Ltd.; Second Respondent: Glen J. White; Other/stranger: Wilson Joseph Wilde; Other/stranger: Anthony Gardiner Sherlock
Jurisdiction
Australia
Judgment Date
31 March 1987
Procedural Posture
Application (interlocutory) / Application for Leave to Issue Subpoena Duces Tecum Before Discovery in General Proceedings; Reasons for Judgment and Orders
Outcome
Application granted
Legal Topics
Subpoenas Before Discovery, Inspection of Books of Companies in Liquidation, Interaction of Federal Court Procedure With Companies Code, Pre Action Disclosure, Receiver and Liquidator Duties
Practice and Procedure Companies Law Subpoenas Before Discovery Inspection of Books of Companies in Liquidation Interaction of Federal Court Procedure With Companies Code Pre Action Disclosure Receiver and Liquidator Duties

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Parties

Queensland Trustees Limited

Applicant

White & Gardiner Pty. Ltd.

First Respondent

Glen J. White

Second Respondent

Wilson Joseph Wilde

Other/stranger

Anthony Gardiner Sherlock

Other/stranger

Procedural Posture

Application (interlocutory) / Application for Leave to Issue Subpoena Duces Tecum Before Discovery in General Proceedings; Reasons for Judgment and Orders

Legal Issues

  1. 1 Whether the Federal Court may permit inspection of company books in possession of receivers or managers of companies in liquidation under subpoena before discovery and before hearing
  2. 2 Whether s.387 of the Companies (Queensland) Code restricts the Federal Court's power to order inspection
  3. 3 Whether the subpoena is premature or oppressive

Ratio Decidendi

Section 387 of the Companies (Queensland) Code does not restrict the Federal Court's power to issue a subpoena and permit inspection and copying of documents in the ordinary course of litigation; in the special circumstances present, where inspection is needed to enable the applicant to assess and plead its case, the subpoena should be allowed with safeguards; objections as to oppression and prematurity are not persuasive on the facts.

Court Disposition

Application granted

Orders

  • Subpoena duces tecum dated 6 March 1987 to Wilson Joseph Wilde and Anthony Gardiner Sherlock to be complied with when served.
  • Compliance is sufficient by producing trading accounts, profit and loss statements and balance sheets for the four companies listed in the subpoena for the five financial years mentioned.