Federal Court of Australia
Federal Court of Australia
Rohrt (liquidator), in the matter of My Shared Services Pty Ltd (in liq) [2024] FCA 1146 File number(s): VID 421 of 2024
Judgment of: O'BRYAN J
Date of judgment: 4 October 2024
Catchwords: PRACTICE & PROCEDURE – application by liquidator for suppression or non-disclosure order of parts of an affidavit supporting an application for an extension of time under s 588FF(3)(b) of the Corporations Act 2001 (Cth) – whether order necessary to prevent prejudice to the proper administration of justice – relevant considerations – where the interests of the liquidator in seeking suppression conflict with the interests of persons who have a right to be heard on the application for an extension of time – where the proper administration of justice generally favours the disclosure of the evidence relied on by the liquidator over suppression of that evidence, absent some compelling and overriding consideration – limited suppression order made
Legislation: Corporations Act 2001 (Cth) ss 91, 439C(c), 588FF(1), 588FF(3) Federal Court of Australia Act 1976 (Cth) ss 37AE, 37AF, 37AG Insolvency Practice Rules (Corporations) 2016 (Cth) r 70-40
Cases cited: Banerjee, in the matter of City Steel Pty Ltd (in liq) [2024] FCA 481 BP Australia Ltd v Brown (2003) 58 NSWLR 322 Chin, in the matter of Agatha Trading Pty Ltd (in liq) [2020] FCA 991 Country Care Group Pty Ltd v Commonwealth Director of Public Prosecutions (No 2) (2020) 275 FCR 377 Fletcher and anor as liquidators of Octaviar Administration Pty Ltd v Anderson [2014] NSWCA 450 Fortress Credit Corporation (Australia) II Pty Ltd v Fletcher (2015) 254 CLR 489 Hogan v Australian Crime Commission (2010) 240 CLR 651 In the matter of Jehovah Jireh Enterprises Pty Ltd (in liq) [2020] NSWSC 1784 Krejci, in the matter of Greatcell Solar Limited (in liq) [2022] FCA 67 Krejci, in the matter of Union Standard International Group Pty Limited (No 8) [2023] FCA 1054 Onefone Australia Pty Ltd v OneTel Ltd [2010] NSWSC 498 Parker, in the matter of Worldwide Specialty Property Services Pty Limited (in liq) v Worldwide Specialty Property Services Pty Limited (in liq) [2017] FCA 687 Pogroske, in the matter of Bower Projects Australia Pty Ltd (in liq) [2019] FCA 1688 Re Cohalan & Mitchell Roofing (in liq) [2020] VSC 222 Robinson, in the matter of Reed Constructions Australia Pty Ltd (in liq) [2017] FCA 594
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