Re Calder Park Promotions (In Liquidation)

The matter of Re Calder Park Promotions (In Liquidation) involved the liquidators of the company applying for an order that a former director of the company, who was examined under section 596A of the Corporations Act 2001, pay the costs incurred due to the examinee's failure to produce documents in response to a summons or comply with court orders. The case was heard by the Supreme Court of Victoria. The central issue before the court was whether the examinee's failure to produce documents and comply with court orders constituted grounds for an order that the examinee pay the costs thrown away by such non-compliance.

The court had to determine whether the examinee's conduct warranted an order for costs and, if so, whether the court should exercise its discretion to fix such costs under rule 63.07(2) of the Supreme Court (General Civil Procedure) Rules 2005. The court considered the statutory framework, which empowers the court to make an order for costs thrown away if the examinee fails to produce documents or comply with court orders, and whether there was a reasonable excuse for such failure. The court found that the examinee's failure to produce documents and comply with orders was without reasonable excuse and thus justified an order for costs.

The court granted the application, determining that the examinee should pay the costs thrown away by their non-compliance. However, the court exercised its discretion not to fix the amount of those costs under rule 63.07(2). Instead, the court left it to the liquidators to assess and pursue the appropriate quantum of costs through further proceedings. This decision underscores the importance of compliance with examination orders and the consequences that may follow for non-compliance.