Catchwords:
CORPORATIONS – COMPANY RECEIVER AND MANAGER – Application to restrain receiver and remove for misconduct – Letter from receiver making baseless allegations of dishonest and unprofessional conduct and collusion against fellow professional – Misconduct for purposes of s 434A – Discretion to remove receiver – Private nature of communication – Reciprocal undertakings – Application dismissed – Pham v Legal Services Commissioner [2016] VSCA 256, Allinson v General Council of Medical Education and Registration [1894] 1 QB 750 applied – Rees v Bailey Aluminium Products Pty Ltd [2008] VSCA 244; (2008) 21 VR 478, Prothonotary of the Supreme Court of New South Wales v Costello [1984] 3 NSWLR 201, Cook v Northoak Holdings Pty Ltd (Recs and Mgrs Apptd) (1997) 25 ACSR 517 considered – Corporations Act 2001 (Vic), ss 9 and 434A.
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