Parbery re Trio Capital Limited [2010] NSWSC 775

New South Wales Supreme Court

CITATION : Parbery re Trio Capital Limited [2010] NSWSC 775

HEARING DATE(S) : 12/07/10

JUDGMENT DATE : 12 July 2010

JURISDICTION : Equity Division Corporations List

JUDGMENT OF : Barrett J

EX TEMPORE JUDGMENT DATE : 12 July 2010

1. Order pursuant to Section 597(4) of the Corporations Act, any portion of the public examinations of Mr Shaun Richard and Mr Eugene Liu that in senior counsel for the liquidators' opinion will or may involve the disclosure of the documents or involves the witness being asked questions by direct reference to a document the subject of the undertakings given by the liquidators to ASIC dated 7 July 2010 be held in private with no persons present other than court officials and those people referred to in paragraph 3(b)(b) of the said undertaking. DECISION : 2. Direct those parts of the transcript of the examination recording those portions of the examination held in private pursuant to order 1 be kept confidential to those same persons and not be published by any other person. 3. Grant any person liberty to apply in relation to these orders or their implementation on short notice.

CATCHWORDS : CORPORATIONS - examinations by liquidators and others - applications for examinations (or part thereof) to be in private - need for special circumstances to be shown - no special circumstances warrant whole being in private - special circumstances warrant part being in private - relevant part is any part involving disclosure content of documents obtained by Australian Securities and Investments Commission from Securities and Futures Commission of Hong Kong under inter-agency confidentiality regime