Shepherds Producers Co-operative Ltd [2006] NSWSC 43

Shepherds Producers Co-operative Ltd [2006] NSWSC 43

Where the statutory preconditions of s.596A and s.597A of the Corporations Act (as applied by State legislation to co-operatives) are satisfied, the court must issue examination summonses and require affidavits from relevant officers, irrespective of previous summonses, unless and until an allegation of abuse of process is raised.

Parties
First Plaintiff: Shepherds Producers Co-operative Limited (Receivers and Managers Appointed) (in liquidation); Second Plaintiff: Peter William Marsden; Second Plaintiff: David John Kerr
Jurisdiction
Australia
Judgment Date
10 February 2006
Procedural Posture
Application in Winding Up Proceedings / Interlocutory Application for Examination Summonses and Affidavit Orders
Outcome
Application granted
Legal Topics
Winding Up, Examination of Officers, Co Operative Societies, Affidavits of Assets and Liabilities
Corporations Law Equity Winding Up Examination of Officers Co Operative Societies Affidavits of Assets and Liabilities

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Parties

Shepherds Producers Co-operative Limited (Receivers and Managers Appointed) (in liquidation)

First Plaintiff

Peter William Marsden

Second Plaintiff

David John Kerr

Second Plaintiff

Procedural Posture

Application in Winding Up Proceedings / Interlocutory Application for Examination Summonses and Affidavit Orders

Legal Issues

  1. 1 Whether the court is required to issue further examination summonses under s.596A of the Corporations Act to persons previously summoned whose original summonses have lapsed
  2. 2 Whether the court is also required to make orders for those persons to file affidavits of assets and liabilities under s.597A of the Corporations Act

Ratio Decidendi

Where the statutory preconditions of s.596A and s.597A of the Corporations Act (as applied by State legislation to co-operatives) are satisfied, the court must issue examination summonses and require affidavits from relevant officers, irrespective of previous summonses, unless and until an allegation of abuse of process is raised.

Court Disposition

Application granted

Orders

  • Direction that the registrar cause to be issued summonses for examination as sought in paragraph 1 of the amended interlocutory process filed on 6 February 2006.
  • Order that, within 21 days after being served with a sealed copy of this order, each of Douglas Bell, Rel Llewellyn Heckendorf, Peter Gain, Paul Burkinshaw, Barbara Douglas, Anthony J. Lehman, John Begg, John Lamont and John McCormack file and serve on Piper Alderman, the solicitors for the liquidators of Shepherds...