Wainter Pty Ltd, in the matter of New Tel Limited (in liq)

This case involved an application by three examinees, Mr Malone, Mr Evans, and Mr Woolfe, to set aside summonses for examination issued under the Corporations Act 2001 (Cth). The summonses were issued by Wainter Pty Ltd, who sought to examine the three examinees regarding an agreement between Wainter and New Tel Limited (in liquidation). The agreement pertained to the sale of shares in UDC Group Pty Ltd and a debt owed by Cable & Telecom Ltd. The examinees sought to have the summonses discharged on the basis that they were not relevant to the purpose of the examination as required by the Corporations Act.

The legal issues before the court included whether the summonses were within the purpose contemplated by the relevant sections of the Corporations Act and whether the examinees had a valid basis to set aside the summonses. The examinees argued that the examination was not relevant to the purpose of the Act, as they claimed the agreement was unrelated to any contravention of the Act. They also contended that the summonses should be set aside on the grounds of oppression, as they would cause them unnecessary expense, delay, or trouble.

The court found that the examinations were within the purpose contemplated by the relevant sections of the Corporations Act. The court held that the examinees had not demonstrated that the examinations were oppressive or irrelevant to the purpose of the Act. The court also noted that the issue of document provision, which the examinees had raised, would be addressed in subsequent directions. The court refused the examinees' applications to discharge the summonses for examination and ordered that the examinees pay Wainter's costs of the interlocutory applications.

In summary, the court found that the examinees' applications to set aside the summonses for examination were without merit and dismissed them. The court held that the examinations were relevant to the purpose of the Corporations Act and that the examinees had not demonstrated that the summonses were oppressive. The court referred the proceeding to the Registrar for further directions and ordered the examinees to pay Wainter's costs of the interlocutory applications.