Concept Commercial Interiors Pty Ltd v Baxter [2022] FCA 1388

FEDERAL COURT OF AUSTRALIA

Concept Commercial Interiors Pty Ltd v Baxter [2022] FCA 1388 File number: VID 659 of 2022

Judgment of: ANDERSON J

Date of judgment: 11 November 2022

Catchwords: CORPORATIONS – ex parte application for freezing order over assets of director of a company in liquidation – where there is a prima facie case made out for insolvent trading under s 588M of the Corporations Act 2001 (Cth) (Act) – contravention of s 588G of the Act – where there is a risk of the dissipation of assets – freezing order granted

Legislation: Corporations Act 2001 (Cth)

Cases cited: Australian Securities and Investments Commission v Plymin [2003] VSC 123; 46 ACSR 126

Division: General Division

Registry: Victoria

National Practice Area: Commercial and Corporations

Sub-area: Corporations and Corporate Insolvency

Number of paragraphs: 11

Date of hearing: 11 November 2022

Counsel for the Applicant: Mr S Morris

Solicitor for the Applicant: Soho Lawyers

Counsel for the Respondent: The Respondent did not appear

ORDERS VID 659 of 2022

BETWEEN: CONCEPT COMMERCIAL INTERIORS PTY LTD Applicant

AND: DAN BAXTER Respondent

order made by: ANDERSON J DATE OF ORDER: 11 NOVEMBER 2022

PENAL NOTICE TO: DAN BAXTER

IF YOU (BEING THE PERSON BOUND BY THIS ORDER):

(A) REFUSE OR NEGLECT TO DO ANY ACT WITHIN THE TIME SPECIFIED IN THIS ORDER FOR THE DOING OF THE ACT; OR

(B) DISOBEY THE ORDER BY DOING AN ACT WHICH THE ORDER REQUIRES YOU NOT TO DO,

YOU WILL BE LIABLE TO IMPRISONMENT, SEQUESTRATION OF PROPERTY OR OTHER PUNISHMENT.

ANY OTHER PERSON WHO KNOWS OF THIS ORDER AND DOES ANYTHING WHICH HELPS OR PERMITS YOU TO BREACH THE TERMS OF THIS ORDER MAY BE SIMILARLY