D'Arrigo v Carter, in the matter of Gartner Wines Pty Ltd

Guy Peter D'Arrigio brought an application against Bruce James Carter and John Ronald Hart in relation to Gartner Wines Pty Ltd. The application sought certain information from the respondents under rule 11.5 of The Federal Court (Corporations) Rules. D'Arrigio claimed the information was necessary to prepare his case for the summons for examination. The respondents opposed the application and argued that the information sought was irrelevant and unnecessary for the examination summons.

The court was required to determine whether the information D'Arrigio sought was relevant and necessary for the summons for examination. The court also needed to consider whether the application was an abuse of process, given that it was made shortly before the summons for examination was to be heard.

The court held that the information D'Arrigio sought was not relevant or necessary for the summons for examination. The application was considered an abuse of process as it was made in an attempt to delay the summons for examination. The court dismissed the application and ordered D'Arrigio to pay the respondents' costs. The court also allowed Carter to replace his affidavit with a re-sworn affidavit within seven days of the order date. The matter was returned to the Registry for relisting of the summons for examination.

The court's final orders were that D'Arrigio's application be dismissed, that he pay the respondents' costs, that Carter be allowed to replace his affidavit, and that the matter be relisted for the summons for examination.