No Trust
JUSTICE IS COMING...
- Joined
- 22 November 2010
- Posts
- 4,495
- Reactions
- 3,566
Remember this statement by Justice Reeves in July...
Today's judgement will follow along the same lines...
37 Whether or not Mr Tucker is correct in these claims and asserted intentions are matters that the Liquidators will undoubtedly investigate during his examination and, depending on the answers he gives, will weigh up in deciding whether to pursue any proceeding against him. However, I do not consider these statements can be used to prevent the Liquidators examining him with respect to his ability to meet a judgment in the contemplated proceeding. To do so would be to accede to the startling proposition that an examinee under Part 5.9 couldforeclose on this area of examination under that Part by making claims in an application of this kind that the Liquidators will gain nothing by pursuing that area or, if they do succeed to a judgment, that he or she will take steps to frustrate the collection of any monies under that judgment. If that were the position, the examination power under Part 5.9 would be significantly hindered, if not rendered totally nugatory.
http://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2017/2017fca0758
Today's judgement will follow along the same lines...
37 Whether or not Mr Tucker is correct in these claims and asserted intentions are matters that the Liquidators will undoubtedly investigate during his examination and, depending on the answers he gives, will weigh up in deciding whether to pursue any proceeding against him. However, I do not consider these statements can be used to prevent the Liquidators examining him with respect to his ability to meet a judgment in the contemplated proceeding. To do so would be to accede to the startling proposition that an examinee under Part 5.9 couldforeclose on this area of examination under that Part by making claims in an application of this kind that the Liquidators will gain nothing by pursuing that area or, if they do succeed to a judgment, that he or she will take steps to frustrate the collection of any monies under that judgment. If that were the position, the examination power under Part 5.9 would be significantly hindered, if not rendered totally nugatory.
http://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2017/2017fca0758