26 April2017:
"THE COURT ORDERS THAT:
1. Pursuant to subsection 597(9) of the Corporations Act 2001 (Cth) (“the Act”), Michael Richard Peldan and Christopher Richard Cook are directed to produce at the examination of Michael Richard Peldan on 26 May 2017, the following books in their possession relating to Equititrust Limited ACN 061 383 944 (In Liquidation) (Receivers and Managers Appointed) (“the Company”) or its examinable affairs:
(a) The office manual, operations manual or other document setting out the policy of the firm Worrells, as at August 2012, in respect of the following matters:-
(i) credit control or financial management for new receivership appointments;
(ii) financial terms on which the firm would accept appointments to act as receivers either generally or from appointors other than banks;
(iii) when or under what conditions the firm would require security for receivers’ remuneration or expenses or liabilities;
(iv) credit control or financial management of appointments which were referred by Tucker & Cowen;
(b) The memoranda, diary notes, file notes or the like of discussions by Mr Peldan with David Robert Walter Tucker since 20 August 2012 concerning:-
(i) Mr Peldan’s meeting with Mr Tucker on or about 24 August 2012, at which they discussed Mr Tucker’s proposal to appoint Mr Peldan as a receiver of the assets of Equititrust Limited as trustee of the Company;
(ii) The amount of the indebtedness of the Company to Bank of Scotland Australia Limited as at 24 August 2012;
(iii) The amount of the indebtedness of the company to MS Asia Debt Acquisition Limited (“MS Asia”) as at 24 August 2012 and from time to time thereafter;
(iv) The discussions of Mr Peldan with Mr Tucker and/or Mr Daniel Davey of Tucker and Cowen, in or about 10 October 2012, concerning:-
A. the undertaking as to damages to be offered to support an application by the Company in Supreme Court Proceedings BS 8546 of 2011, in respect of the property of Messrs McCart, Roberts and Barrett;
B. the undertaking given by MS Asia to Dalton J in those proceedings on 10 October 2012, to deposit $250,000 in the trust account of Tucker & Cowen;
C. the requirement or request by Mr Peldan of Mr Tucker that Worrells have security or some assurance for the undertaking as to damages which Mr Peldan gave to the court in those proceedings on 10 October 2012;
D. the advice by Mr Peldan to Mr Tucker or Mr Davey (on or about 8 October 2012) in which he informed Mr Tucker or Mr Davey as to the value of the assets of the Equititrust Premium Fund, sums that were regarded as unrecoverable and written off for that purpose – being the conversation referred to in paragraph 26 of Mr Davey’s affidavit sworn in those proceedings on 9 October 2012;
(v) The appointment by MS Asia of David John Kennedy as its attorney and Mr Peldan’s letter dated 18 February 2013 to whom it may concern;
(c) The spreadsheets (printed and in native format) received from time to time from Mr Tucker (or others at Tucker & Cowen), whereby he or they advised the amount of the debt due by the Company to MS Asia;
(d) Covering emails or other correspondence forwarding such spreadsheets to Messrs Peldan and Cook or their staff;
(e) The memoranda, diary notes, file notes or the like of attendances by Messrs Peldan and Cook or their staff at Worrells to check each such spreadsheet for accuracy, or otherwise to ascertain, check or verify the amount of the indebtedness of the Company to MS Asia;
(f) The work-in-progress ledger, fee ledger or the like, recording the tasks undertaken and the time devoted by Messrs Peldan and Cook or their staff in respect of their attendances and those of their staff as:-
(i) receivers of the assets of the company;
(ii) agent of the mortgagee in possession of the assets of MQ Ink Pty Ltd;
(iii) agent of the mortgagee in possession of the assets of Handley Heights Pty Ltd.
(g) All and any court documents in relation to the claim by the Company, as trustee of the Equititrust Premium Fund, in proceedings No QUD 503 of 2013 in the Federal Court of Australia, Brisbane Registry against Calliden Insurance Limited (“the Calliden Proceedings”);
(h) Ledgers or other records of the receipt and payment of funds in respect of the dispute the subject of the Calliden Proceedings.
(i) Terms of any settlement of the Calliden Proceedings.
(j) All and any court documents in relation to the claim by Messrs Peldan and Cook against Mr Whyte in proceedings BS3810 of 2013 in the Supreme Court of Queensland (“the Whyte Proceedings”).
(k) Ledgers or other records of the receipt and payment of funds in respect of the dispute the subject of the Whyte Proceedings.
(l) Terms of any settlement of the Whyte Proceedings.
(m)All and any court documents in relation to the claim by the company against Kcram Pty Ltd, a Mr Cook and Mr Kogler in proceedings BS8109 and BS8110 of 2012 in the Supreme Court of Queensland (“the Kcram Proceedings”).
(n) Ledgers or other records of the receipt and payment of funds in respect of the dispute the subject of the Kcram Proceedings.
(o) Terms of any settlement of the Kcram Proceedings."