Federal Court of Australia
Federal Court of Australia
Naidenov, in the matter of 30 Denham Pty Ltd (in liq) [2023] FCA 134 File number: NSD 882 of 2022
Judgment of: STEWART J
Date of judgment: 17 February 2023
Date of publication of reasons: 24 February 2023
Catchwords: CORPORATIONS – application to discharge interim asset preservation orders made under s 1323(3) of the Corporations Act 2001 (Cth) – where asset preservation orders made following ex parte hearing – where respondents bound by the orders alleged material non-disclosure – material non-disclosure not substantiated – reconsideration of exercise of discretion taking into account there being no damages undertaking
Legislation: Corporations Act 2001 (Cth) s 1323
Cases cited: In the matter of Courtenay House Capital Trading Group Pty Ltd (in liquidation) [2018] NSWSC 1918; 133 ACSR 451 International Finance Trust Company Ltd v New South Wales Crime Commission [2009] HCA 49; 240 CLR 319 Ramsay v Featherstone Resources Ltd [2013] NSWSC 1923 Savcor Pty Ltd v Cathodic Protection International APS [2005] VSCA 213; 12 VR 639 Thomas A Edison Ltd v Bullock [1912] HCA 72; 15 CLR 679
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