In the matter of Plutus Payroll Australia Pty Ltd (in liq) and the companies listed in Schedule 4 to the Amended Originating Process [2020] NSWSC 46

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Plutus Payroll Australia Pty Ltd (in liq) and the companies listed in Schedule 4 to the Amended Originating Process [2020] NSWSC 46 Hearing dates: 4 February 2020 Date of orders: 10 February 2020 Decision date: 10 February 2020 Jurisdiction: Equity - Corporations List Before: Gleeson J Decision: (1) Pursuant to s 597(4) of the Corporations Act 2001 (Cth) (the Act), the examination of Sevag Chalabian be held in private.

(2) Direct that there be no order for a written record of the examination to be authenticated by Mr Chalabian pursuant to s 597(13) of the Act.

(3) Note that a transcript of the examination of Mr Chalabian, as envisaged by s 597(14) of the Act, is to be made for the purposes of authentication pursuant to r 11.7 of the Supreme Court (Corporations) Rules 1999 (NSW).

(4) Direct that the conduct of the examination and the transcript of the examination authenticated pursuant to r 11.7 of the Supreme Court (Corporations) Rules 1999 (NSW) for the purposes of s 597(14) of the Act, be kept confidential and not disclosed or published to any person, other than Mr Chalabian, the plaintiffs, their staff and their respective legal advisers without notice to Mr Chalabian and without the leave of the Court, until the determination of the criminal proceedings (2018/216206) against Mr Chalabian. Catchwords: CORPORATIONS – winding up – examination under Corporations Act 2001 (Cth) s 596B – where examinee subject of pending criminal trial – whether examination should be held in private – whether special circumstances – Corporations Act s 597(4) – whether authenticated transcript of examination for purposes of Corporations Act s 597(14) should be kept confidential Legislation Cited: Corporations Act 2001 (Cth), ss 596B, 596F, 597 Criminal Code (Cth), ss 11.2A(1), 400.3(1) Cases Cited: Corporate Affairs Commission (NSW) v Lombard Nash International Pty Ltd (in liq) (1987) 12 ACSR 475 Friedrich v Herald and Weekly Times Ltd [1990] VR 995 Hamilton v Oades (1989) 166 CLR 486 Jagelman v Sheehan [2002] NSWSC 419; (2002) 41 ACSR 487 Kimberley Diamond Company Limited [2016] NSWSC 1963 Re Clarecastle ty Ltd Limited [2011] NSWSC 490 Re Courtenay House Capital Trading Group Pty Ltd (in liq) [2018] NSWSC 604 Re Eurostar Pty Ltd (in liq) [2004] NSWSC 462 Re Shepard (in his capacity as administrator of Hunter Bulk Materials Pty Ltd) (subject to deed of company arrangement) [2011] NSWSC 467; (2011) 83 ACSR 436 Southern Cross Airlines Holdings Ltd v Arthur Anderson & Co (1998) 28 ACSR 455 Wambo Coal Terminal Pty Ltd v Shepard (in his capacity as deed administrator of Hunter Bulk Materials Pty Ltd) (subject to a deed of company arrangement) [2011] NSWSC 639; (2011) 84 ACSR 660 Category: Principal judgment Parties: Sevag Chalabrian (Applicant) Plutus Payroll Australia Pty Ltd (in liq) and the companies listed in Schedule 4 to the Amended Originating Process (Respondents/Plaintiffs) Representation: Counsel: Mr S Calabretta (Sol) (Applicant) Mr J Hynes (Respondents/Plaintiffs)