15 Nov 2012
ANZ NATIONAL BANK LTD V SHEAHAN AND LOCK HC AK CIV 2011-404-7665
- Citation
- openlaw-22245fbb_590f_4431_bc3b_a12a36c3e870.pdf
- Court
- High Court
The Court held that ANZ NZ's internal records were not documents 'of' Cedenco NZ and therefore could not be compelled by a s261 notice; a s266(2) examination/production order is discretionary and was refused because the proposed further examination and production would be oppressive, primarily served an ulterior purpose to benefit Australian liquidations while Cedenco NZ was effectively solvent, and no sufficient foundation for NZ liquidation claims was shown; ANZ NZ was not entitled to recover indemnity legal costs from the liquidation under its security in respect of compliance with a s261…