Jane v Secatore (Liquidator), in the matter of Last Lap Pty Ltd (in liq) [2021] FCAFC 108 (22 June 2021) (Davies, Charlesworth and Jackson JJ)


Catchwords:


INSOLVENCY – application for discharge of summons issued under s 596B of the Corporations Act 2001 (Cth) (the Act) – scope of ‘examinable affairs’ of a company – Court does not have to be satisfied that the subject of proposed examination is within the examinable affairs of a company before exercising discretion to issue a summons under s 596B – sufficient if known facts show a relationship between the examinee and the examinable affairs of the corporation – Court need only be satisfied the proposed examinee may be able to give information about the examinable affairs of a company – whether material non‑disclosure by liquidator in affidavit in support of application for summons under s 596B of the Act

PRACTICE AND PROCEDURE – application for extension of time to apply for leave to appeal dismissal of application for discharge of summons – delay minimal and reason for delay satisfactorily explained – no merit in proposed grounds – application refused