Morton, Robert William (as liquidator of Incentive Dynamics Pty Ltd (in liquidation)) v Robins, John Haigh & Ors [1996] FCA 472

Morton, Robert William (as liquidator of Incentive Dynamics Pty Ltd (in liquidation)) v Robins, John Haigh & Ors [1996] FCA 472

The Court was satisfied, on the evidence, that respondents had concealed or removed company property and books so as to prevent or delay their taking into the liquidator's control, justifying the ex parte issue of warrants pursuant to s 530C of the Corporations Law. The warrants may be issued as an order of the Court, with forms attached to the order and executed accordingly.

Parties
Applicant: Robert William Morton as liquidator of Incentive Dynamics Pty Ltd (In Liquidation); First Respondent: John Haigh Robins; Second Respondent: Douglas Robert McNeill Robins; Third Respondent: Jonathan Michael Meissner
Jurisdiction
Australia
Judgment Date
04 June 1996
Procedural Posture
Corporations Law Application (liquidator Seeking Search Warrants) / Judgment on Ex Parte Application for Issuance of Warrants
Outcome
Application granted; Court satisfied requirements for issue of warrants under s 530C met.
Legal Topics
Liquidator Powers, Search Warrants, Obligation to Deliver Company Property and Records
Corporations Law Insolvency Court Procedure Liquidator Powers Search Warrants Obligation to Deliver Company Property and Records

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Parties

Robert William Morton as liquidator of Incentive Dynamics Pty Ltd (In Liquidation)

Applicant

John Haigh Robins

First Respondent

Douglas Robert McNeill Robins

Second Respondent

Jonathan Michael Meissner

Third Respondent

Procedural Posture

Corporations Law Application (liquidator Seeking Search Warrants) / Judgment on Ex Parte Application for Issuance of Warrants

Legal Issues

  1. 1 Whether the Court should issue warrants under s 530C of the Corporations Law to the liquidator against the respondents for concealment or non-delivery of property and books of the company.

Ratio Decidendi

The Court was satisfied, on the evidence, that respondents had concealed or removed company property and books so as to prevent or delay their taking into the liquidator's control, justifying the ex parte issue of warrants pursuant to s 530C of the Corporations Law. The warrants may be issued as an order of the Court, with forms attached to the order and executed accordingly.

Court Disposition

Application granted; Court satisfied requirements for issue of warrants under s 530C met.

Orders

  • Warrants to be issued under s 530C of the Corporations Law against each respondent, in the form previously issued by the Court and attached to the order, with variation as stated in the judgment.