Casmif P/L v McIlveen, C

[1992] FCA 828

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JUDGMENT No. ........ ......	2-B	-.. ..,, H,,,..	?a	, ,
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NO DISTRIBUTION

IN THE FEDERAL COURT	I
OF AIJSTRALIA	r
QUEERSLAND DISTRICT REGISTRY	No. G3019 of 1992

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IN .%HIS...MATTER OF CASMIF PTY . LTD. I . L. .*,m .

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r : .. . law:p.'p.;

- g w ? & M~~ERS APPOINTED1

(A.C.N. 001 703 260) i

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ROBERT JOHN FRED BURNS and GREGORY i

M1C W L	MOLONEY as Receivers and	l
~anagsrs	of .CASMIF PTY. LTD.	!

(A.C.N. 001 703 260)	1 -
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ADplicants '

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m:  COLIN McILVEEN and BEVERLEY McILVEEN !

MINUTES OF ORDER

JUDGE W I N G ORDEq:	Cooper J.
fwERE MADE:	Brisbane  16 NOv 1992
DATE OF ORDER:	3 November, 1992
THE COURT ORDERS:

1.        Colin and Beverley McIlveen make and serve upon the applicant a list of all documents in their possession, power or control relating to the affairs of Casmif Pty. Ltd. within 10 days of the date hereof.

2.        Colin and Beverley McIlveen give inspection of the following documents to the applicant within seven days of the production of the list:

(d)	The tax records of Casmif Pty. Ltd. at the 'office of the solicitors for the respondents at
any time during normal business hours.

(a) Any lease, agreement for lease or tenancy of

the property of Casmif Pty. Ltd. situated at Strathaird Road, Bundall, and known as "The Sportsmans Warehouse," together with any correspondence, financial records or other documents pertaining thereto;

(b) All documents showing the current creditors of Casmif Pty. Ltd.;

(c) The bank records of Casmif Pty. Ltd.;

3.        Colin Michael McIlveen complete a report as to the affairs of Casmif Pty. Ltd. pursuant to section 429 . .

of the Cor~orations Law within 21 days. -

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Folin M McIPceen complete the questionnaire delivered by the applicants to the respondents in i

acc~?zdance yith section 430 of the ~or~orations Larr . : L . 1 .

wig&in s , m g days of the date hereof and delirsk tthc . .' 1 ' -

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same to the applicants within the said period.

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Colin and Beverley McIlveen pay the applicant's ' -

costs of and incidental to the application to be	I
taxed.	1 1

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6.        The application be adjourned to a date to be fixed

to be brought on with two days notice in writlng by	!
either party.	l

Note:	Settlement and entry of orders is dealt with in
Order 36 of the Federal Court Rules.

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IN THE FEDERAL COURT i

I	OF AUSTRALIA
i	(~UEEQSI~AND DISTRICT REGISTRY No. G3019 of 1992

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IN THE MATTER OF CASMIF PTY. LTD.	0.9.	-.	.L+	'	>:	.
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(RECE~VER & MANAGERS APPOINTED)

(A.C.N. 001 703 260) L .

* I ROBERT JOHN FRED BURNS and GREGORY

I *

MICHAEL MOLONEY as Receivers and
Managers of CASMIF PTY. LTD.

(A.C.N. 001 703 260)

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ADDlicantS	,	.
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COLIN McILVEEY and BEVERLEY McILVEEN

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Respondents	I ~
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Cooper J.

Brisbane

3 November, 1992

EXTEHPORE REASONS FOR JUDGMENT

The applicants are the receivers and managers of Casmif Pty. Ltd. Their appointment has not been challenged in this court. Accordingly, certain obligations arise under the provisions of the Cor~orations Law, particularly in relation to the provision of information and the production of

documents and of the provision of reports under sections 429
and 430 of the Cor~orations	Law.

The applicants were appointed on 12 May 1992. They have thereafter sought various information conformably with the requirements of the Cor~orations Lay and on the 10 September, 1992 threatened proceedings if the obligations imposed on the respondents by the Corporations Law were not complied with. Those obligations were not complied with, and on 23 September, 1992 an application was sought in this court

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i	seeking an injunction restraining the respondents from ,	I
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can' avening sections 429 and 430 of the Corporations LA,. and	1.
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reau~ring . ,.* them to complete the necessary questionnaire and produce for inspection the requisite books and records relating to Casmif Pty. Ltd.	l
This morning the respondents have agreed to a consent order giving effect to their obligations under the Corporations Lax. It was submitted that there is other	I
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unspecified litigation involving the applicants as respondents	-,
and that compliance with the Corporations Law may involve

expanding the ambit of discovery in those proceedings. I am V

not satisfied that that is any basis for failing to comply

with the obligations arising under the Corporations Law to	I :.
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provlde the information.

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Proceedings have been brought in order to force compliance by the respondents with those obligations and in my	! .
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view, the respondents must pay the costs.

THE COURT ORDERS:	I
1.

1.        Colin and Beverley McIlveen make and serve upon the

applicant a list of all documents in their

possession, power or control relating to the affairs

of Casmif Pty. Ltd. within 10 days of the date	I 1
hereof.	I

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Colin and Beverley McIlveen give inspection of the	l 1
following documents to the applicant within seven days of the production of the list:

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(a)	Any lease, agreement for lease or tenancy of the property of Casmif Pty. Ltd. situated at Strathaird Road, Bundall, and known as "The Sportsmans Warehouse," together wlth any correspondence, financial records or other documents pertaining thereto;
(b)	All documents showing the current creditors of Casmif Pty. Ltd.;

(c) The bank records of Casmif Pty. Ltd.;

(d) The tax records of Casmif Pty. Ltd. at the office of the solicitors for the respondents at any time during normal business hours.

Colin Michael McIlveen complete a report as to the affairs of Casmif Pty. Ltd. pursuant to section 429

of the Cor~orations	Law within 21 days.
delivered by the applicants to the respondents in	Colin Michael McIlveen complete the questionnaire
accordance with section 430 of the Cor~orations Law within seven days of the date hereof and deliver the same to the applicants withln the said period.
Colin and Beverley McIlveen pay the applicant's costs of and incidental to the application to be taxed.
The application be adjourned to a date to be fixed
to be brought on with two days notice in writing by :; ,

4     either party.

I certify that this and the three (3)

preceding pages are a true copy of the extempore reasons for judgment herein of the Honourable Hr. Justice Cooper.

Date:  11 November, 1992

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Counsel for the Applicant:	Mr. Derrington
Solicitors for the Applicant:	Carter Newel1
Counsel for the Respondent:	Mr. D. Savage
Solicitors for the Respondent:	Duells, Solicitors
Hearing Date:	3 November, 1992, Brisbane.