FEDERAL COURT OF AUSTRALIA

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

THE COURT ORDERS THAT:

1.                  Pursuant to rule 11.10(2) of the Federal Court (Corporations) Rules 2000, a warrant be issued for the arrest of Gerardo Pizzirusso (who is also known as Gerardo Pissirusso, Gerard Pissirusso and Gerard Pizzirusso) in terms of Annexure “A” attached hereto, to bring Mr Pizzirusso before the before Justice Margaret Stone in the Federal Court of Australia, Law Courts Building, Queens Square, Sydney, New South Wales at 9.30am on 14 September 2010 to be examined under s. 596A of the Corporations Act 2001 (Cth) on oath or affirmation about the examinable affairs of GMP Electrical & Technical Services Pty Limited (in liquidation) ACN 003 826 051.

2.                  The Order for Production dated 14 July 2010 and the Summons for Examination dated 14 July 2010 are adjourned to 9.30 am on 14 September 2010.

3.                  Leave be reserved to Mr Pizzirusso and the plaintiff to apply on 24 hours notice.

4.                  The Applicant is to serve a copy of this order on Gerardo Pizzirusso by delivery to 33 Collins Street Belmore, NSW no later than 5.00pm on 8 September 2010.

Note:Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
The text of entered orders can be located using Federal Law Search on the Court’s website.

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.

Associate:

Dated:         10 September 2010