Meagher v Zanjani

[2016] FCA 1226

FEDERAL COURT OF AUSTRALIA

Meagher v Zanjani [2016] FCA 1226

File number:

QUD 308 of 2016

Judge:

EDELMAN J

Date of judgment:

13 October 2016

Catchwords:

PRACTICE AND PROCEDURE – application for standard discovery and springing orders – Federal Court Rules 2011 (Cth) r 5.23(2) – defendant currently unable to comply with orders for discover

Legislation:

Federal Court Rules 2011 (Cth) r 5.23(2)

Cases cited:

Engineered Thermal Systems Pty Limited v Salmon, In the Matter of Salmon & Speck Pty Ltd (In Liq) [2012] FCA 1159

Ferella v Official Trustee in Bankruptcy [2013] FCA 1319

Speedo Holdings B.V. v Evans (No 2) [2011] FCA 1227

Wu v Avin Operations Pty Ltd (ACN 076 956 913) [2006] FCA 36

Date of hearing:

13 October 2016

Registry:

Queensland

Division:

General Division

National Practice Area:

Commercial and Corporations

Sub-area:

General and Personal Insolvency

Category:

Catchwords

Number of paragraphs:

12

Solicitor for the Plaintiff:

Ms Symenovych of JHK Legal

Solicitor for the Defendant:

Mr PW Evans of McKays

ORDERS

QUD 308 of 2016

BETWEEN:

ANNE MEAGHER AND TERRENCE JOHN ROSE AS JOINT AND SEVERAL LIQUIDATORS OF LINMEL ACCOMMODATION SOLUTIONS PTY LTD (IN LIQUIDATION) ACN 159 758 960

Plaintiff

AND:

HAMID HAKAKZADEH ZANJANI TRADING AS TARQUIN CONSTRUCTIONS ABN 58 193 173 006

Defendant

JUDGE:	EDELMAN J
DATE OF ORDER:	13 OCTOBER 2016

THE COURT ORDERS THAT:

1.The plaintiff’s interlocutory application filed 5 October 2016 be dismissed.

2.The defendant file and serve his Genuine Steps Statement on the plaintiff by 20 October 2016.

3.The matter be listed for directions on a date after 9 November 2016.

4.The defendant pay the costs of the plaintiff of the interlocutory application filed 5 October 2016.

Note:    Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

REASONS FOR JUDGMENT

EDELMAN J:

1. This matter is in the docket of Greenwood J. In his Honour’s absence, the application by the plaintiff Liquidators has come before me. In the circumstances of delays by the defendant, Mr Zanjani, these short reasons record, for the future progress of the matter, (i) why the principal orders sought by the Liquidators were not made this afternoon, and (ii) what the parties have been told about the circumstances leading up to and beyond January 2017 for the progress of this matter.

2. The Liquidators seek orders that Mr Zanjani give standard discovery, with springing, or self-executing, orders for judgment if he fails to do so.

3. The Liquidators seek orders requiring Mr Zanjani (i) to file and serve a list of documents and an affidavit verifying their disclosure within five business days, and (ii) to comply with a request for inspection of any document that is included in the Liquidators’ list of documents, and that is in Mr Zanjani’s control, within three business days of service of the request. Mr Zanjani failed to comply with similar orders when the list of documents was due by 19 September 2016. He provided 250 pages of documents which were located by associates in Australia but…