Pascoe, in the matter of GMP Electrical and Technical Services Limited (in liq) [2010] FCA 999

REASONS FOR JUDGMENT 1 This is an application made pursuant to 11.10(2) of the Federal Court (Corporations) Rules 2000. The applicant, Scott Darren Pascoe, in his capacity as liquidator of GMP Electrical and Technical Services Pty Limited (the Company), by Interlocutory process filed today seeks the following orders: 1. issue of a warrant for the arrest of Gerardo Pizzirusso (who is also known as Gerado Pissirusso, Gerard Pissirusso and Gerard Pizzirusso). 2. notice of the issue of the warrant be communicated by the applicant to the Commissioner of the Australian Federal Police for the purpose of the warrant's enforcement. 2 Rule 11.10 of the Federal Court (Corporations) Rules 2000 provides: 11.10(1) This rule applies if a person is summoned or ordered by the Court to attend for examination, and: (a) without reasonable cause, the person: (i) fails to attend at the time and place appointed; or (ii) fails to attend from day to day until the conclusion of the examination; or … 11.10(2) The Court may: (a) issue a warrant for the arrest of the person summoned or ordered to attend for examination; and (b) make any other orders that the Court thinks just or necessary. 3 The application is supported by an affidavit of Lisa Gaye Dorman, sworn 7 September 2010, an affidavit of service of Morrie Fahd sworn 27 July 2010, and an affidavit of Mr Pascoe, sworn on 25 June 2010. The evidence adduced by those affidavits has satisfied me that Mr Pizzirusso has failed to comply with an order of the Court that he attend an examination about the Company's affairs, to which he was summoned by order of the Court made on 14 July 2010. I am also satisfied that since the time of Mr Pascoe's appointment (effective from 5 April 2007) as liquidator of the Company, Mr Pizzirusso has refused to comply with numerous directions and requests from the Liquidator's office, including the matters set out in paragraphs 11(a) to (d) of Ms Dorman's affidavit. I am also satisfied that unless Mr Pizzirusso complies with the summons for examination issued in this proceeding then Mr Pascoe will not be in a position to complete the orderly winding up of the company. 4 I am satisfied that Mr Pizzirusso was served on 20 July 2010 with the summons to attend the examination and an order for production of documents by delivery of those documents to him personally at 33 Collins Street, Belmore, New South Wales. In the circumstances of Mr Pizzirusso not responding to the service of those documents in any way, it appears that he has no reasonable cause for his failure to comply with the orders. Consequently, under rule 11.10(2), the Court has power to issue a warrant for his arrest and, on the evidence referred to above, I am satisfied that the orders sought should be made. I certify that the preceding four (4) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Stone.