A liquidator's purpose of advancing the interests of a creditor who has instituted proceedings against proposed examinees is not an improper purpose under s 596B if there is a basis for concluding that advancing the creditor's interests will also advance the interests of the company, its other creditors or contributories. An offer by proposed examinees to cooperate informally through solicitors, without commitment to answer on oath and with the effect of forewarning examinees of the subject matter, is no effective substitute for formal examination. The majority held that partial disclosure of confidential affidavit contents in open affidavits does not amount to implied waiver of confidentiality under s 596C(2), though Gray J dissented on this point, applying principles analogous to waiver of legal professional privilege.
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