Federal Court of Australia
Federal Court of Australia
Sprowles (Liquidator), in the matter of CWCN Pty Ltd (in liq) [2021] FCA 159 File number(s): NSD 769 of 2020
Judgment of: FARRELL J
Date of judgment: 25 February 2021
Date of publication of reasons: 1 March 2021
Catchwords: CORPORATIONS – application for private examination – where company in liquidation – where criminal prosecution commenced – where potential for questions to involve matters subject to criminal prosecution –– what constitutes special circumstances – where non-publication of transcript of examination sought – application granted
Legislation: Corporations Act 2001 (Cth) ss 596B, 596F, 597 Proceeds of Crime Act 2002 (Cth) ss 18, 180, 188
Cases cited: The Commissioner of the Australian Federal Police v Cranston (No 8) [2018] NSWSC 365 In the matter of Kimberley Diamond Company Limited [2016] NSWSC 1963 In the matter of Clarecastle Pty Ltd (in liq) [2011] NSWSC 490 In the matter of Plutus Payroll Australia Pty Ltd (in liq) [2020] NSWSC 46, (2020) 143 ACSR 234
Division: General Division
Registry: New South Wales
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Number of paragraphs: 22
Date of hearing: 25 February 2021
Solicitor for the Applicant: Mr B Dziubinski of O'Loughlin Westhoff
ORDERS NSD 769 of 2020 IN THE MATTER OF CWCN PTY LTD (IN LIQ) ACN 605 827 021 CHRISTIAN SPROWLES IN HIS CAPACITY AS LIQUIDATOR OF CWCN PTY LTD (IN LIQUIDATION) ACN 605 827 021 Plaintiff
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