Connelly, in the matter of TSK QLD Pty Ltd (in liq) v Torquejobs Pty Ltd [2022] FCA 823

Federal Court of Australia

Connelly, in the matter of TSK QLD Pty Ltd (in liq) v Torquejobs Pty Ltd [2022] FCA 823 File number(s): QUD 126 of 2022

Judgment of: DOWNES J

Date of judgment: 7 July 2022

Date of publication of reasons: 15 July 2022

Catchwords: COSTS – application by liquidators of company for costs of application for warrant pursuant to s 530C Corporations Act 2001 (Cth) which resulted in consent order – prior to filing application, liquidators served notices under s 530B Corporations Act 2001 (Cth) and proposed regime to enable claims for privacy and legal professional privilege to be determined – books were being held by new company which had acquired business of company in liquidation and was employing its former director and chief financial officer – new company did not agree to the regime proposed by liquidators – liquidator deposed to concerns about documents being concealed, destroyed or removed – liquidators had proper basis to seek the issue of the warrant in the circumstances – costs awarded in favour of liquidators

Legislation: Corporations Act 2001 (Cth) ss 286, 436A, 530B, 530C

Cases cited: Re Carrello (as the liquidator of Drilling Australia Proprietary Limited) (in liquidation) (2019) 139 ACSR 187; [2019] FCA 1563

Division: General Division

Registry: Queensland

National Practice Area: Commercial and Corporations

Sub-area: Corporations and Corporate Insolvency

Number of paragraphs: 50

Date of hearing: 7 July 2022

Counsel for the Applicant: Mr P O'Brien

Solicitor for the Applicant: McInnes Wilson Lawyers

Counsel for the Respondents: Mr B Kidston