Total Entity Pty Limited (In Liquidation) [2003] NSWSC 924

Total Entity Pty Limited (In Liquidation) [2003] NSWSC 924

Given the affidavit evidence and the report as to affairs indicating a $12 million debt owed by the Tszyu Entities to Total Entity Pty Ltd, the orders for production are legitimately connected to the liquidator’s function and are not oppressive or abusive. The applicants did not discharge the onus to show the orders should be set aside. Confidentiality and expenses are best dealt with following production and examination, not in advance.

Jurisdiction
Australia
Judgment Date
08 October 2003
Procedural Posture
Corporations Winding Up Proceedings / Interlocutory Application to Set Aside/limit Orders for Production
Outcome
Interlocutory process dismissed with costs
Legal Topics
['winding Up' "liquidator's Examination" 'production of Documents' 'jurisdiction' 'confidentiality' 'expenses of Compliance']
['corporations Law' 'equity'] ['winding Up' "liquidator's Examination" 'production of Documents' 'jurisdiction' 'confidentiality' 'expenses of Compliance']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Corporations Winding Up Proceedings / Interlocutory Application to Set Aside/limit Orders for Production

Legal Issues

  1. 1 ['Whether the court has jurisdiction to entertain applications to set aside or review orders for production made with examination summons under Corporations Act 2001 (Cth) ss.596A and 596B' "Whether the orders for production are oppressive or beyond the liquidator's legitimate requirements" 'Whether confidentiality orders should be made for some documents produced' 'Whether the liquidator should be ordered to pay expenses in advance of production']

Ratio Decidendi

Given the affidavit evidence and the report as to affairs indicating a $12 million debt owed by the Tszyu Entities to Total Entity Pty Ltd, the orders for production are legitimately connected to the liquidator’s function and are not oppressive or abusive. The applicants did not discharge the onus to show the orders should be set aside. Confidentiality and expenses are best dealt with following production and examination, not in advance.

Court Disposition

Interlocutory process dismissed with costs

Orders

  • ['Each amended interlocutory process dismissed with costs' 'Applicants retain right to seek confidentiality orders or expense orders after production, if required' 'Orders for production varied to require production before the Registrar at 9am on 13 October 2003']