Pro Plumbing & Gasfitting Pty Ltd v Betts [2023] FCA 1433

Federal Court of Australia

Pro Plumbing & Gasfitting Pty Ltd v Betts [2023] FCA 1433 File number(s): NSD 1221 of 2023

Judgment of: GOODMAN J

Date of judgment: 15 November 2023

Date of publication of reasons: 22 November 2023

Catchwords: PRACTICE AND PROCEDURE – orders ancillary to freezing orders – affidavits of disclosure – claim of privilege against self-incrimination with respect to one affidavit – order made requiring the affidavit the subject of the claim for privilege to be provided to the plaintiff – certificate granted under s 128A of the Evidence Act 1995 (Cth)

Legislation: Corporations Act 2001 (Cth), ss 182, 1317G Evidence Act 1995 (Cth), s 128A

Cases cited: Deputy Commissioner of Taxation v Shi [2021] HCA 22; (2021) 273 CLR 235

Division: General Division

Registry: New South Wales

National Practice Area: Commercial and Corporations

Sub-area: General and Personal Insolvency

Number of paragraphs: 18

Date of hearing: 13 and 15 November 2023

Counsel for the Plaintiff: Mr T E O'Brien

Solicitor for the Plaintiff: Polczynski Robinson

Counsel for the Defendant: Mr A Gauja

Solicitor for the Defendant: Taylor Rose

ORDERS NSD 1221 of 20232

BETWEEN: PRO PLUMBING & GASFITTING PTY LTD ACN 607 531 671 Plaintiff

AND: REBECCA BETTS Defendant

order made by: GOODMAN J DATE OF ORDER: 15 November 2023

THE COURT ORDERS THAT:

1. The whole of the privileged affidavit of the defendant provided to the Court on 15 November 2023 be filed and served on the plaintiff. 2. The defendant be given a certificate under s 128A of the Evidence Act 1995 (Cth) in respect of the privileged affidavit. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.