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Leave granted to cross examine liquidator on only one of five grounds

By: Evan Kearney BL

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High Court grants leave to cross examine a liquidator only on whether or not he adequately safeguarded the company's assets, leaving the decision as to whether he can be cross examined regarding waste removal from the company's last remaining asset to the trial judge; and the court also refuses all other grounds of cross examination.

Application for leave to cross-examine – arises out of applicant’s motion to remove respondent as liquidator of Dominar Group Ltd – director of applicant company volunteers to make himself available for cross-examination if leave is given to cross-examine respondent – Court has to foresee how relevant facts and arguments could be established and advanced at hearing – five categories of issues – solvency of company – alleged failure to maximize full value from sale of shares – alleged failure to supply information as required by law – alleged failure to safeguard and preserve company assets – financing removal of waste material from sole remaining asset of company – previous caselaw distinguished as this case does not concern the good name of the applicant – rules and precedents ultimately in place to ensure the administration of justice – cross examination on issue of solvency not necessary - cross examination on issue of value from sale of shares not necessary - cross examination on issue of information not supplied not necessary - cross examination on issue of safeguarding company assets necessary - cross examination on issue of removal of waste material left to trial judge.

Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.

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