Naidenov (liquidator) v Davey, in the matter of Josa Civil Group Pty Ltd (in liq) [2021] FCA 1175

Federal Court of Australia

Naidenov (liquidator) v Davey, in the matter of Josa Civil Group Pty Ltd (in liq) [2021] FCA 1175 File number: NSD 996 of 2021

Judgment of: HALLEY J

Date of judgment: 24 September 2021

Date of publication of reasons: 28 September 2021

Catchwords: CORPORATIONS – ex parte application by liquidator for issue of search and seizure warrants pursuant to s 530C of the Corporations Act 2001 (Cth) (Act) and affidavits about the company's examinable affairs pursuant to s 597A of the Act – whether company property or books have been or are about to be concealed, destroyed or removed – where persistent pattern of non-cooperation and evasion of requests by liquidator to deliver company property and books – application granted PRACTICE AND PROCEDURE – application for confidentiality orders pursuant to s 37AF of the Federal Court of Australia Act 1976 (Cth) – where defendants' awareness of application for search and seizure warrants would hinder liquidator's efforts to recover company books and records – non-publication necessary to prevent prejudice to proper administration of justice – application granted

Legislation: Corporations Act 2001 (Cth) ss 530A, 530C, 597A Federal Court of Australia Act 1976 (Cth) ss 37AF, 37AG

Cases cited: Bailey, in the matter of Australian Recruiting Group Pty Ltd (in liq) v Young [2020] FCA 1473 Brooks (Liquidator) v Bull, in the matter of DV Bull Pty Ltd (in liq) [2021] FCA 967 Carello (Liquidator), in the matter of Drilling Australia Pty Ltd (in liq) (2019) 139 ASCR 187; [2019] FCA 1563 Tang (liquidator) v Wright, in the matter of Wright's Transport Pty Limited (in liq) [2020] FCA 709