Krejci, in the matter of Sydney Exotic Aquariums Casula Pty Ltd (in liq) [2024] FCA 1409

Federal Court of Australia Krejci, in the matter of Sydney Exotic Aquariums Casula Pty Ltd (in liq) [2024] FCA 1409 File number:

Judgment of: SHARIFF J

Date of judgment: 6 December 2024

Catchwords: CORPORATIONS – application for adjournment of examination hearings scheduled to commence next day – adjournment sought to allow applicants to be heard on application for extension of time to bring application to discharge summonses – whether an arguable case that applicants would be successful in seeking to set aside summonses on basis that examinations being undertaken by liquidator for improper purpose – whether an adequate explanation for delay in applying to set aside summonses – whether interests of administration of justice favoured grant of adjournment – where applicants submitted that it was arguable that dominant purpose of proposed examinations was to conduct inquiry into taxation affairs of applicants, including because liquidator was being funded by the Australian Taxation Office – consideration of principles relevant to whether an examination is being pursued for an improper purpose – where evidence of significant issues relating to operation and management of companies and involvement of applicants in those matters which warranted further examination – held: no arguable case as to improper purpose for examinations; unnecessary to consider questions of delay and prejudice – application dismissed

Corporations Act 2001 (Cth) Pt 5.9; ss 9, 53, 53(a) Legislation: Federal Court (Corporations) Rules 2000 (Cth) r 1.10, 11.5(2) Federal Court Rules 2011 (Cth) r 1.39

Accord Pacific Holdings Pty Ltd v Accord Pacific Land Pty Ltd (in liq) [2011] NSWSC 707 AON Risk Services Australia Ltd v Australian National University [2009] HCA 27; (2009) 239 CLR 175 Ayers (in their capacities as liquidators of Queensland Nickel Pty Ltd (in liq)) [2017] HCA 5; (2017) 118 ACSR 380 Ford, Careers Australia Group Ltd (in Liq) [2021] FCA 613 Hong Kong Bank of Australia Ltd v Murphy (1992) 28 NSWLR 512 Newheadspace Pty Ltd (In Liq), Re (2020) 144 ACSR 224 Cases cited: O'Brien v Wily re LED (South Coast) Pty Ltd [2009] NSWSC 946; (2009) 76 NSWLR 428 Re Leisure Developments (2002) 41 ACSR 276 at 286 Re New Tel (in liq); Evans v Wainter Pty Ltd (2005) [2005] FCAFC 114; 145 FCR 176 Re Pleash; Equititrust Ltd (In Liq) (Recs and Mgrs Apptd) (No 2) (2017) 122 ACSR 299 Ri Ji Woo International Education Centre Pty Ltd [2019] NSWSC 93; (2019) 134 ACSR 448 Sandhurst Trustees Ltd v Harvey (2004) [2004] SASC 157; 88 SASR 519 Simionato v Macks (1996) 19 ACSR 34 at 45-46 Trevor; Bell Group NV (In Liq), Re [2016] FCA 851; (2016) 116 ACSR 294