In the matter of Shinji Pty Ltd (in liq) [2021] NSWSC 1683

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Shinji Pty Ltd (in liq) [2021] NSWSC 1683 Hearing dates: 17 December 2021 Date of orders: 17 December 2021 Decision date: 17 December 2021 Jurisdiction: Equity - Corporations List Before: Rees J Decision: Access order made. Catchwords: CORPORATIONS – access to records of examination conducted under Div 1 Pt 5.9, Corporations Act 2001 (Cth) – access to third party creditor. Legislation Cited: Corporations Act 2001 (Cth), s 596F Cases Cited: In the matter of ACN 004 410 833 (formerly Arrium Ltd) (No 2) [2018] NSWSC 1536 In the matter of Eurostar Pty Ltd (in liq) [2003] NSWSC 633 In the matter of New Cap Reinsurance Corporation Holdings Ltd [2001] NSWSC 835 Category: Procedural rulings Parties: Simon John Cathro (in his capacity as liquidator of Shinji Pty Limited (in liquidation)) ACN 070 125 263 (Plaintiff) Mariko Imaeda (First Interested Party) Shinji Imaeda (Second Interested Party) Masaaki Enterprises Pty Limited ACN 003 001 278 (Third Interested Party) Representation: Counsel: P Sharp (Plaintiff) A Crossland (Interested Parties)

Solicitors: Wendy Blacker Lawyers (Plaintiff) Foulsham & Geddes (Interested Parties) File Number(s): 2020/307578, 2021/142465

Ex Tempore Judgment 1. HER HONOUR: This is an application under section 596F of the Corporations Act 2001 (Cth). The liquidator of Shinji Pty Ltd (in liquidation) seeks an order pursuant to section 596F(1)(e) to permit access to the State of New South Wales to documents produced to the liquidator by solicitor Jacob Carswell-Doherty of Foulsham & Geddes, accountant Dylan Chan and his company Ark Accounting Pty Ltd, Westpac Banking Corporation and St George Bank, together with a transcript of examination proceedings and any other documents produced by an examinee or marked for identification during the course of examinations. 2. Such material is proposed to be permitted to be used by the State for the purpose of effecting service of a statement of claim in proceedings commenced in the Common Law Division of this Court against the company and its former director, Masaaki Imaeda (the father), for damages of some $1.15 million arising from a fire which occurred on a property owned by the company on 2 July 2014. (The State owned an adjoining property, which it is said was damaged by that fire.) In addition, the State may use the material to seek asset preservation orders in respect of the father's assets. 3. The application is opposed by the father's former wife Mariko Imaeda (the mother), son Shinji Imaeda and Masaaki Enterprises Pty Ltd, being a company of which the father and mother were directors and shareholders but, after the fire and, more specifically, on 23 February 2015, the mother became sole shareholder. The liquidator has expressed some surprise at the appearance today of the mother as he has had great difficulty serving her with an examination summons until now. 4. The liquidator relied on his affidavit, together with an affidavit of the company's solicitor, Jacqueline Haski, and tendered some emails from Foulsham & Geddes. No evidence was relied upon by the interested parties who opposed the orders sought.