National Australia Bank Limited v Human Group Pty Limited (No 3) [2023] NSWSC 360

Supreme Court New South Wales

Medium Neutral Citation: National Australia Bank Limited v Human Group Pty Limited (No 3) [2023] NSWSC 360 Hearing dates: 30 March 2023 Date of orders: 30 March 2023 Decision date: 30 March 2023 Jurisdiction: Equity - Commercial List Before: Ball J Decision: (1) Pursuant to section 471B of the Corporations Act 2001 (Cth), leave be granted to the Plaintiff to proceed with this proceeding against the First Defendant and Third Defendant, on the condition that the Plaintiff will not, without leave of the Court, seek to enforce against the First Defendant or Third Defendant any judgment it may obtain in this proceeding; (2) The operation of order 1 made on 16 October 2019 be discharged; (3) The Plaintiff be granted access to the affidavits contained in the sealed envelopes provided to the Court in accordance with paragraphs 7A and 7B of the asset preservation orders made on 21 August 2019 and 13 January 2021; (4) Orders 1 - 3 be entered forthwith; (5) The matter be listed for directions on 12 May 2023; and (6) Liberty to apply on 3 days' notice. Catchwords: CORPORATIONS — Winding up — Proceedings against company — Stay of proceedings — Where plaintiff claims proprietary relief — Leave to proceed granted under s 471B of Corporations Act CIVIL PROCEDURE — Stay of proceedings — Where stay ordered pending final determination of criminal proceedings — Where defendant is convicted but not sentenced — Stay lifted CIVIL PROCEDURE — Access to sealed affidavits — Where assets affidavits provided in connection with freezing order — Where affidavits sealed due to privilege against self-incrimination Legislation Cited: Corporations Act 2001 (Cth) Crimes Act 1900 (NSW) Cases Cited: Ong v Lottwo Pty Ltd (in liq) [2013] SASCFC 57; (2013) 116 SASAR 280 Category: Procedural rulings Parties: National Australia Bank Limited ACN 004 044 937 (Plaintiff) Human Group Pty Ltd (First Defendant) Helen Mary Rosamond (Second Defendant) A.C.N. 137 384 662 Pty Ltd (Third Defendant) Representation: Counsel: DFC Thomas SC with E Bathurst (Plaintiff)