VANGSNES v DUNN, KKL'S LIQUIDATOR [1998] NSWCA 246

VANGSNES v DUNN, KKL'S LIQUIDATOR [1998] NSWCA 246

No error was shown in Einstein J's exercise of discretion in refusing broader inspection under s416 or a report under s382. The orders were interlocutory and no arguable case was made out for leave to appeal; thus, the application for leave and the summons were dismissed with costs.

Parties
Applicant: URJ Vangsnes; Respondent: Mr Dunn, KKL's Liquidator
Jurisdiction
Australia
Judgment Date
11 May 1998
Procedural Posture
Leave to Appeal Application / Decision on Application for Leave to Appeal and Costs
Outcome
Application for leave to appeal refused.
Legal Topics
Liquidation, Creditor Rights, Inspection of Documents, Court Discretion, Costs Orders
Corporate Law Insolvency Liquidation Creditor Rights Inspection of Documents Court Discretion Costs Orders

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Parties

URJ Vangsnes

Applicant

Mr Dunn, KKL's Liquidator

Respondent

Procedural Posture

Leave to Appeal Application / Decision on Application for Leave to Appeal and Costs

Legal Issues

  1. 1 Whether leave to appeal should be granted against orders refusing access to documents under s416 of the Companies Code and a report under s382
  2. 2 Whether the costs order on an indemnity basis against the applicant was in error

Ratio Decidendi

No error was shown in Einstein J's exercise of discretion in refusing broader inspection under s416 or a report under s382. The orders were interlocutory and no arguable case was made out for leave to appeal; thus, the application for leave and the summons were dismissed with costs.

Court Disposition

Application for leave to appeal refused.

Orders

  • Summons for leave dismissed with costs.