LKM Capital Limited (Receivers and Managers Appointed) v Koops [2010] FCA 1070

LKM Capital Limited (Receivers and Managers Appointed) v Koops [2010] FCA 1070

Given Mr Koops' explicit affidavit commitment to attend proceedings and lack of evidence of non-cooperation, it is not necessary or desirable to restrain his travel or require surrender of passport under s 1323. Detrimental impact on employment opportunity outweighs speculative risk of non-attendance.

Jurisdiction
Australia
Judgment Date
20 September 2010
Procedural Posture
Application / Final Determination of Interlocutory Application
Outcome
Application dismissed
Legal Topics
['s 1323 Corporations Act' 'interlocutory Orders' 'passport Restraining Orders' "director's Duties"]
['corporations Law'] ['s 1323 Corporations Act' 'interlocutory Orders' 'passport Restraining Orders' "director's Duties"]

Case Brief

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Procedural Posture

Application / Final Determination of Interlocutory Application

Legal Issues

  1. 1 ['Whether orders under s 1323 of the Corporations Act should be made restraining the defendant from leaving Australia and requiring delivery of passport' 'Whether such orders are necessary or desirable to protect interests of aggrieved persons']

Ratio Decidendi

Given Mr Koops' explicit affidavit commitment to attend proceedings and lack of evidence of non-cooperation, it is not necessary or desirable to restrain his travel or require surrender of passport under s 1323. Detrimental impact on employment opportunity outweighs speculative risk of non-attendance.

Court Disposition

Application dismissed

Orders

  • ['The application is dismissed.' "Plaintiffs to pay defendant's costs as agreed and taxed."]