Ian Edward Joye v Beach Petroleum Nl and Cortaus Limited (In Liquidation)

(1996) 67 FCR 275; [1996] FCA 1552

Federal Court of Australia

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Interrogate

Catchwords

1. Corporations
2. › Winding up
3. › Cooperation between Australian and foreign courts
4. › External administration matters
5. › Letter of request to foreign court
6. › Whether request for production of documents is 'a matter relating to winding up'
7. › Whether indirect but relevant connection sufficient
8. › Corporations Law, ss 580, 581(4)
1. Corporations
2. › Winding up
3. › Powers of liquidator
4. › Getting in assets of corporation
5. › Proceedings brought by liquidator in company's name
6. › Whether pursuit of company's claims constitutes matter relating to winding up
1. Practice and Procedure
2. › Standing
3. › Application to set aside order for letter of request to foreign court
4. › Whether director of company in liquidation has sufficient interest
5. › Requisite degree of closeness to subject matter
1. Practice and Procedure
2. › Abuse of process
3. › Letter of request to foreign court for production of documents
4. › Whether use of power for purpose foreign to interests of corporation, contributories or creditors

Quick Take

A letter of request under s 581(4) of the Corporations Law may be issued to a foreign court to order production of documents where the documents are relevant to proceedings being pursued by a liquidator in the company's name as part of the winding up process. The phrase 'matter relating to winding up' in s 580 is to be given a wide operation, and an indirect but relevant connection to the winding up suffices. The existence of litigation is not necessary; any administrative step taken by a liquidator in getting in assets is within the scope of the provision.