9 Dec 2009
TUBBS V URQUHART HC AK CIV 2009-404-6951
- Citation
- openlaw-bbf7bb9a_6466_49cf_99cc_3bf9d2e723d1.pdf
- Court
- High Court
The Court ordered compliance with s12(2) because the records in issue related to accounts receivable that remained property of FINCO Holdings, receivers had been validly appointed over that property, Mr Urquhart (a director) controlled the records, and the receivers required them to fulfil statutory reporting and administration duties; the October 2007 agreement did not confer any exclusive proprietary right to possession on FINCO Securities and therefore did not prevent enforcement of s12 obligations.