In the matter of ACN 067 436 024 Pty Limited (in liquidation) [2013] NSWSC 1308

Supreme Court New South Wales

Medium Neutral Citation: In the matter of ACN 067 436 024 Pty Limited (in liquidation) [2013] NSWSC 1308 Hearing dates: 6 May 2013 Decision date: 06 May 2013 Jurisdiction: Equity Division - Corporations List Before: Black J Decision: Orders made in accordance with short minutes of order releasing liquidator from confidentiality orders so that a potential litigation funder may have access to transcripts of examinations. Order made for liquidator to pay costs of the interlocutory application, as agreed or as assessed, to be treated as an expense under s 556(1)(a) of the Corporations Act 2001 (Cth). Catchwords: PROCEDURE - judgments and orders - confidentiality orders - release - liquidator's application for release of transcripts of examinations to a potential litigation funder - where access could potentially prejudice examinees' defence in criminal proceedings - where proposed orders contain a notification regime. PROCEDURE - costs - whether liquidator should pay the costs of the examinee of the examinations for which the liquidator sought release from confidentiality orders - general rule that where party seeks dispensation from the court they will be required to pay the costs of other parties which need to be notified of the claim and have acted reasonably in respect of the claim - where party had a necessary and helpful role in the proceedings. Legislation Cited: - Corporations Act 2001 (Cth) ss 556(1)(a), 596F, 597 - Supreme Court (Corporations) Rules 1999 (NSW) r 2.13 Cases Cited: - Chand v Azurra Pty Ltd (in liq) [2011] NSWCA 58 - Re ACN 067 436 024 Pty Ltd (in liq) [2013] NSWSC 422 - Re Clarecastle Pty Ltd (in liq) [2011] NSWSC 553; (2011) 251 FLR 225 - Re HIH Casualty v General Insurance Ltd [2006] NSWSC 6 - Walker v Commonwealth Bank of Australia [2012] FCA 40; (2012) 87 ACSR 106 Category: Interlocutory applications Parties: Nicholas Crouch as liquidator of ACN 067 436 024 Pty Limited (in liquidation) (Applicant) Representation: Counsel: A. D'Arville (Applicant) P. Bruckner (Examinee - Mr McCarthy) Solicitors: O'Neill Partners (Applicant) Solari Lawyers (Examinee - Mr McCarthy) File Number(s): 2011/263929