Krecji (Liquidator), in the matter of Plasterboard & Render Pty Ltd (in liq) v Raber [2022] FCA 1180

Krecji (Liquidator), in the matter of Plasterboard & Render Pty Ltd (in liq) v Raber [2022] FCA 1180

Material non-disclosures by the second defendant in affidavits, evidence of risk of asset dissipation, and the need to protect interests of the aggrieved persons justify the necessity and desirability of s 1323(3) orders prohibiting the defendants from dealing with their assets until further court determination.

Jurisdiction
Australia
Judgment Date
30 September 2022
Procedural Posture
Corporations Ex Parte Application / Interlocutory Orders
Outcome
Application for interlocutory orders granted. S 1323(3) orders prohibiting asset dealings made.
Legal Topics
['asset Protection' 'material Non Disclosure' 'appointment of Receiver' 'interim Relief']
['corporations Law' 'corporate Insolvency'] ['asset Protection' 'material Non Disclosure' 'appointment of Receiver' 'interim Relief']

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Procedural Posture

Corporations Ex Parte Application / Interlocutory Orders

Legal Issues

  1. 1 ['Whether interim relief under s 1323(3) of the Corporations Act 2001 (Cth) should be granted to prohibit the defendants from dealing with assets' 'Whether material non-disclosures by defendants justify ex parte relief' 'Risk of dissipation of assets by defendants']

Ratio Decidendi

Material non-disclosures by the second defendant in affidavits, evidence of risk of asset dissipation, and the need to protect interests of the aggrieved persons justify the necessity and desirability of s 1323(3) orders prohibiting the defendants from dealing with their assets until further court determination.

Court Disposition

Application for interlocutory orders granted. S 1323(3) orders prohibiting asset dealings made.

Orders

  • ['Plaintiffs given leave to file interlocutory process.' "Orders 2 and 3 of Goodman J's 18 May 2022 orders discharged." 'Defendants prohibited from dealing with assets until 6.00 pm on 4 October 2022 pursuant to s 1323(3) of the Corporations Act 2001 (Cth).' 'Defendants entitled to pay up to $5,000 per week in...