In the Matter of Re Southern Equities Corporation Ltd (in Liq): Alan Bond v Richard England No. Scgrg-93-92516 Judgment No. 6270 Number of Pages 24 Corporations

The applicant, Mr Alan Bond, sought to set aside an order made by a Master of the Supreme Court of South Australia for him to attend for examination by the liquidator of Southern Equities Corporation Ltd. The application was brought on several grounds. The applicant contended that the order had not been served, that the order had been obtained for an improper purpose and that the applicant was entitled to inspect the affidavits which were filed in support of the application for the order. The applicant also contended that there had been a material non-disclosure of relevant information. The applicant further submitted that the order was an abuse of process. The applicant sought a declaration that service of the order had not been effected, that the order be discharged, that the order be set aside as an abuse of process and that the affidavits filed in support of the application be made available to the applicant. The court rejected all of the applicant's claims. It held that the order had been validly served, that the order for the examination was not an abuse of process, that the order was not made for an improper purpose, that there had been no material non-disclosure and that the applicant was not entitled to inspect the affidavits relied on by the Master when ordering the examination. The application was dismissed.