CAVEAT PTY LTD -v- BAILLIE & ORS [2002] WASC 241

Jurisdiction:	SUPREME COURT OF WESTERN AUSTRALIA	Citation No:	[2002] WASC 241
Case No:	COR:14/2002	Heard:	18 SEPTEMBER 2002
Coram:	MASTER SANDERSON	Delivered:	21/10/02
No of pages:	10	Judgment Part:	1 of 1
Result:	Form of order detailed
Category:	A
PDF Version

Parties:	CAVEAT PTY LTD (ACN 008 990 752) JOHN ALLEN BAILLIE CHARLES PHILIP MOSTERT PAUL GERARD MAZAK ROBERT WILDE ROBERT WILTSHIRE BELL MANFRED RICHARD MARX MAJESTIC RESOURCES NL (ABN 16 050 541 332)
Catchwords:	Corporations Act Scope of order allowing inpection of company books
Legislation:	Corporations Act, s 247A, s 247B, s 247C
Case References:	Bride & Anor v Commissioner for Corporate Affairs (1989) 7 ACLC 1202 Caveat Pty Ltd v Baillie & Ors [2002] WASC 83 Global Funds Management (NSW) Ltd v Rooney (1994) 36 NSWLR 122 Newcrest Mining (WA) Pty Ltd v Commonwealth (1993) 40 CLR 507 Re Claremont Petroleum NL (No 2) (1990) 8 ACLC 548 Science Research Counsel v Nasse [1980] AC 1028 Corporate Affairs Commission (NSW) v Yuill (1991) 172 CLR 319 Davis v Sagar Pty Ltd, unreported; SCt of WA; Library No 980443; 10 August 1998 Farrow Mortgage Services Pty Ltd (In Liq) v Webb (1996) 39 NSWLR 601 Hall v Sherman (2001) 40 ACSR 40 Lucy v Prescribing Biochemists Pty Ltd [2002] NSWSC 1137 McCarthy v Dolpag Pty Ltd [2000] WASCA 106 Riley v Jubilee Gold Mines [2000] WASC 114

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA

IN CHAMBERS

CITATION : CAVEAT PTY LTD -v- BAILLIE & ORS [2002] WASC 241 CORAM : MASTER SANDERSON HEARD : 18 SEPTEMBER 2002 DELIVERED : 21 OCTOBER 2002 FILE NO/S : COR 14 of 2002 MATTER : MAJESTIC RESOURCES NL (ABN 16 050 541 332) BETWEEN : CAVEAT PTY LTD (ACN 008 990 752)

Plaintiff

AND

JOHN ALLEN BAILLIE

First Defendant

CHARLES PHILIP MOSTERT

Second Defendant

PAUL GERARD MAZAK

Third Defendant

ROBERT WILDE

Fourth Defendant

ROBERT WILTSHIRE BELL

Fifth Defendant

MANFRED RICHARD MARX

Sixth Defendant

MAJESTIC RESOURCES NL (ABN 16 050 541 332)

Seventh Defendant

(Page 2)

Catchwords:

Corporations Act - Scope of order allowing inpection of company books

Legislation:

Corporations Act, s 247A, s 247B, s 247C

Result:

Form of order detailed

Category: A

Representation:

Counsel:

Plaintiff : Mr M D Howard

First Defendant : Mr A W Fairweather

Second Defendant : Mr A W Fairweather

Third Defendant : Mr A W Fairweather

Fourth Defendant : Mr N K Stewart

Fifth Defendant : Mr N K Stewart

Sixth Defendant : Mr A W Fairweather

Seventh Defendant : Mr M L Bennett

Solicitors:

Plaintiff : Clayton Utz

First Defendant : Bennett & Co

Second Defendant : Bennett & Co

Third Defendant : Bennett & Co

Fourth Defendant : Pullinger Readhead Stewart

Fifth Defendant : Pullinger Readhead Stewart

Sixth Defendant : Bennett & Co

Seventh Defendant : Fearis Salter Power Shervington

(Page 3)

Case(s) referred to in judgment(s):

Bride & Anor v Commissioner for Corporate Affairs (1989) 7 ACLC 1202
Caveat Pty Ltd v Baillie…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2002] WASC 241
Decision Date

CaseChat Overview and Summary

Caveat Pty Ltd sought an order under section 247A of the Corporations Act to inspect the books of Majestic Resources NL. The Court had previously found that the plaintiff was entitled to inspect the books of the defendant company. The matter before the Court was the form of the order. The plaintiff proposed an order that allowed inspection of certain documents. The defendant company opposed the proposed order, arguing that the plaintiff was not entitled to inspect all of the documents listed in the order. The plaintiff submitted that the proposed order was in the correct form and the defendant company was seeking to mount a collateral attack on the earlier decision. The Court found that there was no evidence that the plaintiff was not acting in good faith and dismissed the defendant company's argument. The Court also found that the plaintiff was entitled to inspect all of the books of the defendant company, subject to the exception for privileged documents. The Court refused to order that the defendant company incur costs in providing inspection and to inspect the books at a central location. The Court ordered that the plaintiff's director be authorised to inspect the books and that there be liberty to apply for further orders. The plaintiff was ordered to pay the defendant company's costs of the application.

Orders