Brooks (Liquidator) v Bull, in the matter of DV Bull Pty Ltd (in liq) [2021] FCA 967

Federal Court of Australia

Brooks (Liquidator) v Bull, in the matter of DV Bull Pty Ltd (in liq) [2021] FCA 967 File number(s): TAD 32 of 2021

Judgment of: DAVIES J

Date of judgment: 12 August 2021

Date Reasons Published: 17 August 2021

Catchwords: CORPORATIONS – application by a liquidator for a warrant to search for and seize a company's property or books pursuant to s 530C of the Corporations Act 2001 (Cth) – whether trust assets are considered "property of the company" – ex parte application – application granted

Legislation: Corporations Act 2001 (Cth) s 530C

Cases cited: Carter Holt Harvey Woodproducts Australia Pty Ltd v Commonwealth [2019] HCA 20; (2019) 386 ALR 390

Division: General Division

Registry: Tasmania

National Practice Area: Commercial and Corporations

Sub-area: Corporations and Corporate Insolvency

Number of paragraphs: 9

Date of hearing: 12 August 2021

Solicitor for the Plaintiffs: Ms J O'Farrell of Dobson Mitchell Allport

ORDERS TAD 32 of 2021

BETWEEN: SHELLEY-MAREE BROOKS IN HER CAPACITY AS LIQUIDATOR OF DV BULL PTY LTD (IN LIQUIDATION) (ACN 612 721 212) First Plaintiff

DV BULL PTY LTD Second Plaintiff

AND: DARCY VINCENT BULL First Defendant

TIANA PRINCE Second Defendant

order made by: DAVIES J DATE OF ORDER: 12 August 2021

THE COURT ORDERS THAT:

1. The Deputy District Registrar issue, pursuant to section 530C(1) of the Corporations Act 2001 (Cth), a warrant in the form annexed to these orders (Warrant). 2. Any requirement that this originating process be served on the defendants be dispensed with, and leave is granted to the first plaintiff to make the application referred to in order 1 ex parte. 3. Subject to order 6, the affidavits of Shelley-Maree Brooks and Matthew Riley affirmed on 10 August 2021 remain confidential and, except with leave of the Court, are not to be open to inspection by any person other than the Court and Court staff. 4. Subject to order 6, the file in this proceeding is to be kept confidential and, except with leave of the Court, is not to be disclosed to anyone other than the Court and Court staff. 5. Within seven (7) days of the search of the premises referred to in the Warrant, the first plaintiff will file an affidavit reporting on the execution of the Warrant and the seizure of any property pursuant to the Warrant. 6. On the filing of the affidavit referred to in order 5, orders 3 and 4 are discharged. 7. The first plaintiff must serve a copy of this order and a copy of the reasons for the decision of the Court (if any) on the defendants prior to or at the same time as execution of the Warrant. 8. Service on the first defendant may be made by leaving the documents referred to in order 7 with the person in charge of the Risdon Prison Complex. 9. Within seven (7) days of the execution of the Warrant, any person who wishes to claim an interest in any of the seized property must file and serve a notice in this proceeding. 10. The first plaintiff's costs of this application as liquidator be paid out of the assets of the second plaintiff. 11. Any party or other person claiming to be affected by these orders has liberty to apply on 24 hours' notice to the parties and to the Court. 12. The matter be listed for case management hearing on 2 September 2021 at 10.15 am. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.