NSW Caselaw
New South Wales Supreme Court
CITATION : House of Diamonds (NSW) Pty Ltd (In Liq) v Lemery Pty Ltd [2002] NSWSC 868 revised - 9/10/2002 CURRENT JURISDICTION: Equity FILE NUMBER(S) : SC 4638/02 HEARING DATE(S) : 16, 17 & 18 September 2002 JUDGMENT DATE : 18 September 2002
PARTIES : House of Diamonds (NSW) Pty Limited (In Liquidation) and John Vouris (P) Lemery Pty Ltd (D) JUDGMENT OF : Hamilton J
COUNSEL : J T Johnson (P) No appearance (D) SOLICITORS : Webster O'Halloran & Associates (P) No appearance (D) CATCHWORDS : CORPORATIONS [280] - Winding up - Liquidators - Rights and powers - In winding up by Court - Custody or control of assets of company - Entry and seizure - Appropriate terms and conditions. LEGISLATION CITED : Corporations Act 2001 (Cth) s 530C Australian Securities Commission v Samson (1997) 24 ACSR 555 Cvitanovic v Kenna & Brown Pty Ltd (1995) 18 ACSR 387 CASES CITED : Morton v Robins (1996) 14 ACLC 1197 Re Rainbow Systems of Australia Pty Ltd; Wily v Parker (1996) 21 ACSR 171 Gee on Mareva Injunctions and Anton Piller Relief (4th ed, 1998) DECISION : Warrant issued.
IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION
HAMILTON J
WEDNESDAY, 18 SEPTEMBER 2002
4038/02 HOUSE OF DIAMONDS (NSW) PTY LTD (In Liquidation) & ANOR v LEMERY HOLDINGS PTY LTD JUDGMENT 1 HIS HONOUR: This is an application under s 530C of the Corporations Act 2001 (Cth) ("the CA") for what is commonly called a search and seizure warrant. The application is made by the liquidator of House of Diamonds (NSW) Pty Ltd ("the company"). Section 530C provides as follows: "(1) The Court may issue a warrant under subsection (2) if: (a) a company is being wound up or a provisional liquidator of a company is acting; and (b) on application by the liquidator or provisional liquidator, as the case may be, or by ASIC, the Court is satisfied that a person: (i) has concealed or removed property of the company with the result that the taking of the property into the custody or control of the liquidator or provisional liquidator will be prevented or delayed; or (ii) has concealed, destroyed or removed books of the company or is about to do so.
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