In the matter of Bleecker Property Group Pty Ltd (In Liquidation) [2023] NSWSC 858

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Bleecker Property Group Pty Ltd (In Liquidation) [2023] NSWSC 858 Hearing dates: 3 July 2023 Date of orders: 24 July 2023 Decision date: 24 July 2023 Jurisdiction: Equity - Corporations List Before: Williams J Decision: See orders at [68]. Catchwords: CIVIL PROCEDURE — Pleadings — Claims of privilege against self-incrimination and self-exposure to penalty — Where some individual defendants and one corporate defendant seek dispensation from requirement to plead defences to civil claims — Where plaintiffs allege breaches of civil penalty provisions of Corporations Act 2001 (Cth) but no penalty sought — Where ongoing criminal investigation separate to civil proceedings — Real and appreciable risk that information disclosed in each individual defendant's defence would incriminate that defendant or expose him to civil penalty — Real and appreciable risk that information disclosed in corporate defendant's defence would incriminate sole director of that corporate defendant or expose him to civil penalty — Relief substantially granted Legislation Cited: Corporations Act 2001 (Cth), ss 180, 181, 182, 184, 286, 588E(4), 588FB, 588FC, 588FDA, 588FE, 588FF, 588G, 1317E, 1317H, 1317J Crimes Act 1914 (Cth), s 3E Criminal Code, ss 11.1, 134.2(1), 400.6 (Schedule to the Criminal Code Act 1995 (Cth)) Evidence Act 1995 (NSW), s 81 Cases Cited: Australian Building and Construction Commissioner v O'Halloran [2021] FCAFC 185 Australian Competition and Consumer Commission v Pratt (No 3) (2009) 175 FCR 558; [2009] ATPR 42-287; [2009] FCA 407 Australian Securities and Investments Commission v Mining Projects Group Ltd (2007) 164 FCR 32; (2007) 65 ACSR 264; [2007] 164 FCR 1620 CC Containers Pty Ltd v Lee (No 2) [2012] VSC 149 Fair Work Ombudsman v Hu [2017] FCA 1081 In the matter of Australian Property Custodian Holdings Limited (in liquidation) (receivers and managers appointed) (controllers appointed) (No 2) Laws v Australian Broadcasting Tribunal (1990) 170 CLR 70; (1990) 64 ALJR 412; (1990) 93 ALR 435; (1990) 5 BR 109; [1990] HCA 31 Macdonald v Australian Securities and Investments Commission (2007) 73 NSWLR 612; (2007) 65 ACSR 299; [2007] NSWCA 304 Microsoft Corporation v CX Computer Pty Ltd (2002) 116 FCR 372; (2002) 187 ALR 362; (2002) 53 IPR 225; [2002] AIPC 91-780; [2002] FCA 3 Pascoe v Divisional Security Group Pty Ltd (2007) 209 FLR 197; (2007) 61 ACSR 381 [2007] NSWSC 211 Permanent Building Society (in liquidation) v Metcalf and Others (1994) 12 WAR 535 Refrigerated Express Lines (A/Asia) Pty Ltd v Australian Meat and Livestock Corp (1979) 42 FLR 204 Texts Cited: N/A Category: Procedural rulings Parties: Graeme Robert Beattie in his capacity as liquidator of the Second to Sixth Plaintiffs (First Plaintiff) Bleecker Property Group Pty Ltd (In Liquidation) ACN 616 710 135 (Second Plaintiff) Bleecker Property Group Pty Ltd (In Liquidation) as Trustee for NNG Properties Unit Trust ABN 18 872 534 725 (Third Plaintiff) Greenacre Garden Development Pty Ltd (In Liquidation) ACN 636 176 602 (Fourth Plaintiff) Greenacre Garden Development Pty Ltd (In Liquidation) as Trustee for the Bankstown Development Trust ABN 42 665 236 015 (Fifth Plaintiff) N & K Gazal Pty Ltd (In Liquidation) ACN 152 873 599 (Sixth Plaintiff) N & K Gazal Pty Ltd (In Liquidation) as Trustee for the Nathans Trust ABN 53 622 723 716 (Seventh Plaintiff) Bleecker Development Pty Ltd (In Liquidation) ACN 625 763 215 (Eighth Plaintiff) Nahi Gazal (First Defendant) Nathan Gazal (Second Defendant) Nazih Nasri Gazal (Third Defendant) Bassem El Youssef (Fourth Defendant) Susana Oliveira (Fifth Defendant) Cash Supply Pty Ltd ACN 627 780 376 (Sixth Defendant) NG Property Management Pty Ltd as Trustee for Ramsgate Unit Trust ABN 57 699 815 797 (Seventh Defendant) NNG Holdings Pty Ltd as Trustee for NNG Family Trust ABN 74 497 353 852 (Eighth Defendant) Belfield Development Pty Ltd as Trustee for Belfield Development Unit Trust ABN 24 973 708 574 (Ninth Defendant) Representation: Counsel: Mr P Lonergan (Plaintiffs) Mr P Bruckner (First Defendant and Ninth Defendant) Mr P Wiggins (Second Defendant) Ms C Gazi (solicitor) (Fourth Defendant)