In the matter of Courtenay House Capital Trading Group Pty Ltd (in liq) [2018] NSWSC 604

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Courtenay House Capital Trading Group Pty Ltd (in liq) [2018] NSWSC 604 Hearing dates: 04 May 2018 Decision date: 04 May 2018 Jurisdiction: Equity Before: Leeming JA Decision: 1. Dismiss the interlocutory process filed this afternoon. 2. Grant the parties liberty to apply to my Associate in the first instance on short notice for the period of the next seven days and thereafter on 24 hours' notice to the Company Judge. 3. The first defendant, Mr Iervasi, to pay the liquidators' costs of the interlocutory process. Catchwords: CORPORATIONS – winding up – examination by liquidators – application for examination to be held in private – whether "special circumstances" established – no pending prosecution of director – likelihood of criminal prosecution – whether publicity in mass media and social media of answers to questions might prejudice fair criminal trial – substantial pre-existing publicity – availability of steps to address risk of unfair trial, including potential for application for judge alone trial – special circumstances not established – application dismissed Legislation Cited: Corporations Act 2001 (Cth), s 597 Courts Suppression and Non-Publication Orders Act 2010 (NSW), s 7 Criminal Procedure Act 1986 (NSW), s 132 Cases Cited: Corporate Affairs Commission (NSW) v Lombard Nash International Pty Ltd (NSW) (No 4) (1987) 12 ACLR 475. Friedrich v Herald and Weekly Times Ltd [1990] VR 995 In the matter of Courtenay House Capital Trading Group Pty Ltd [2017] NSWSC 467 In the matter of Courtenay House Capital Trading Group Pty Ltd [2017] NSWSC 883 Re Eurostar Pty Ltd (In Liquidation) (Receivers and Managers Appointed) [2004] NSWSC 462 Evans v Wainter Pty Ltd (2005) 145 FCR 176; [2005] FCAFC 144 Wambo Coal Terminal Pty Ltd v Shepard [2011] NSWSC 639; 84 ACSR 660 Category: Procedural and other rulings Parties: Tony Iervasi (Applicant) John McInerney (First Respondent) Said Jahani (Second Respondent) Representation: Counsel: A Hopkins (Applicant) D Robertson (Respondents)