Federal Court of Australia
Federal Court of Australia
Banerjee (Liquidator), in the matter of Eastside Formwork Pty Ltd (in liq) v Stojic [2022] FCA 1315 File number(s): NSD 246 of 2021
Judgment of: HALLEY J
Date of judgment: 28 October 2022
Date of publication of reasons: 11 November 2022
Catchwords: CORPORATIONS – interlocutory process – ex parte application – where first plaintiff seeks warrant directed at second defendant pursuant to s 530C of the Corporations Act 2001 (Cth) to search for and seize books of Eastside Formwork Pty Ltd (in liquidation) ACN 605 188 225 (Company) – where liquidator alleges second defendant concealed books of the Company – orders sought by first plaintiff in relation to the second defendant granted
Legislation: Bankruptcy Act 1966 (Cth) s 58 Corporations Act 2001 (Cth) ss 438B, 438C, 530A, 530B, 530C, 588FE, 588G Federal Court of Australia Act 1975 (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] FCA 1563 Hillig, in the matter of Battaglia [2019] FCA 2191 Mohen (Liquidator), in the matter of MAP Exports Pty Limited (in liq) v Rebelo [2021] FCA 1415 Naidenov (liquidator) v Davey, in the matter of Josa Civil Group Pty Ltd (in liq) [2021] FCA 1175
Division: General Division
Registry: New South Wales
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