In the matter of Iris Diversified Property Pty Ltd (in liq)

Iris Diversified Property Pty Ltd, in liquidation, applied for public examination of its directors, officers, and others. The respondents opposed the examination and applied for orders for production of documents. The applicants sought access to an affidavit in support of the examination summonses, which also included details supporting the orders for production. The court had to determine whether access to the affidavit should be granted under rule 11.3(7) of the Supreme Court (Corporations) Rules 1999 (NSW).

The court considered the circumstances in which the affidavit was prepared and the nature of the information it contained. The court noted that the affidavit was not prepared for the sole purpose of supporting the examination summonses but also included details to support the orders for production. The court held that the affidavit contained confidential information about the respondents' legal position and strategy, which was not relevant to the examination summonses. The court also noted that the affidavit contained information that was not necessary for the applicants to establish their case for examination.

The court concluded that access to the affidavit should not be ordered under rule 11.3(7) of the Supreme Court (Corporations) Rules 1999 (NSW). The court held that the affidavit was not relevant to the examination summonses and contained confidential information that was not necessary for the applicants to establish their case. The court also noted that the respondents had not opposed the applicants' access to the affidavit on the basis of confidentiality. The court granted the applicants' application for examination but refused their application for access to the affidavit.

The court made orders for public examination of the respondents and for the respondents to produce certain documents. The court also made orders for costs.