Heard, in the matter of GEBIE Services Pty Ltd (in liq)

GEBIE Services Pty Ltd (in liquidation) was the subject of an application for directions to limit the scope of examination summonses issued at the request of the liquidators. The applicants, who are associated with the company, sought to confine the liquidators' enquiries to matters related to the examinable affairs of the company, and to prevent the liquidators from investigating the personal assets, liabilities, and finances of the applicants. The matter was heard in the Federal Court of Australia. The central legal issue was whether the summonses issued by the liquidators were too wide, oppressive, or irrelevant to the examinable affairs of the company. The court also considered whether any modifications to the summonses were necessary to ensure they were not overly broad or oppressive.

The court determined that, with the exception of some minor issues, the summonses were not too wide or oppressive. The court found that the matters about which the liquidators wished to enquire and the documents sought did relate to the examinable affairs of the company. Therefore, the applicants' claim to confine the liquidators' enquiries was largely unsuccessful. The court did, however, agree that certain modifications to the summonses were necessary to ensure they were not overly broad or oppressive. The term "to date" in some paragraphs of the summonses was to be replaced with the term "to 29 February 2016," and the terms "or its related entities" in paragraphs 1 and 2 of the summons to ANZ were to be deleted. Aside from these modifications, the interlocutory process was dismissed.

The court ordered that the term "to date" in paragraphs 3, 4, 5 and 8 of Schedule 1 of the summonses to Ms Kassiou and Mr Mitchell and in paragraphs 3, 4, 5 and 8 of Annexure D to the Orders made on 6 February 2017 in relation to Industries Services Training Pty Ltd be removed and replaced with the term "to 29 February 2016." The term "or its related entities" appearing in paragraphs 1 and 2 of the summons to the Australia and New Zealand Banking Group was deleted. The interlocutory process of 16 February 2017 was dismissed, except for these modifications. The applicants were ordered to pay the plaintiffs' costs of and incidental to the interlocutory process of 16 February 2017, with those costs to be taxed if not agreed.