In the matter of Clarecastle Pty Ltd (in liq) [2011] NSWSC 553

In the matter of Clarecastle Pty Ltd (in liq) [2011] NSWSC 553

Orders for production override the implied undertaking; thus, production cannot be resisted merely on grounds of the implied undertaking, but documents obtained under the Mutual Assistance in Criminal Matters Act 1987 (Cth) are excepted from production without Attorney-General's consent. The applicants are to pay the liquidators' costs of the application, with a limitation as to the apportionment for the part-heard day.

Jurisdiction
Australia
Judgment Date
08 June 2011
Procedural Posture
Corporations Procedural Application / Ruling on Scope of Examinations and Orders for Production; Costs
Outcome
Orders made: Examinations to be held in private; scope of production confirmed except for material under Mutual Assistance in Criminal Matters Act 1987 (Cth); confidentiality preserved; costs awarded to liquidators against the applicants.
Legal Topics
['orders for Production' 'implied Undertaking' 'examination Summonses' 'confidentiality in Liquidator Examinations' 'mutual Assistance in Criminal Matters']
['corporations Law' 'civil Procedure'] ['orders for Production' 'implied Undertaking' 'examination Summonses' 'confidentiality in Liquidator Examinations' 'mutual Assistance in Criminal Matters']

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Procedural Posture

Corporations Procedural Application / Ruling on Scope of Examinations and Orders for Production; Costs

Legal Issues

  1. 1 ['Whether order for production should be limited to exclude documents subject to implied undertaking or other confidentiality obligations' 'Whether documents obtained under Mutual Assistance in Criminal Matters Act 1987 (Cth) can be produced' 'Appropriate costs order between parties']

Ratio Decidendi

Orders for production override the implied undertaking; thus, production cannot be resisted merely on grounds of the implied undertaking, but documents obtained under the Mutual Assistance in Criminal Matters Act 1987 (Cth) are excepted from production without Attorney-General's consent. The applicants are to pay the liquidators' costs of the application, with a limitation as to the apportionment for the part-heard day.

Court Disposition

Orders made: Examinations to be held in private; scope of production confirmed except for material under Mutual Assistance in Criminal Matters Act 1987 (Cth); confidentiality preserved; costs awarded to liquidators against the applicants.

Orders

  • ['Private examination of Patrick McCarthy and Ross Seller pursuant to s 597(4) Corporations Act' 'Limitation on orders for production: documents obtained under Mutual Assistance in Criminal Matters Act 1987 (Cth) excluded unless Attorney-General consents' 'Production to be by photocopies, limited to relevant scheme,...