A privately appointed receiver and manager is entitled to use the examination power under s 596B of the Corporations Act 2001 to assess the financial capacity and insurance arrangements of persons against whom the company has a cause of action, and the court should not approach the exercise of its discretion differently depending on whether the applicant is a liquidator or receiver and manager. However, document production requirements must be described with sufficient particularity and not go beyond the legitimate requirements of the occasion. Examinations directed at private financial information should ordinarily be conducted in private under s 597(4).
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