Shepherds Producers Co-operative Ltd

Shepherds Producers Co-operative Limited was the subject of a winding up petition and a liquidator had been appointed. The liquidator sought to issue further examination summonses to certain individuals, who had already been served with examination summonses in the past but those summonses had expired. The individuals resisted the liquidator's application, arguing that the liquidator was not entitled to issue further summonses to them and that the liquidator could not require them to file an affidavit of their assets and liabilities. The court was required to determine whether the liquidator could issue further examination summonses to the same individuals and whether the liquidator could order that some of these individuals file an affidavit of their assets and liabilities. The court considered the relevant provisions of the Corporations Act and the concept of "examinable affairs". It also considered whether the individuals concerned should be given an opportunity to be heard. The court found that the liquidator was entitled to issue further examination summonses to the same individuals. The court also found that the liquidator could order that some of these individuals file an affidavit of their assets and liabilities. The court considered that the individuals concerned should be given an opportunity to be heard before such an order was made. The court made orders for the liquidator to issue further examination summonses to the individuals and for some of them to file an affidavit of their assets and liabilities, subject to them being given an opportunity to be heard.