Pleash, in the matter of Consolidated Tin Mines Limited (Administrators Appointed) (No 2) [2016] FCA 1366

Pleash, in the matter of Consolidated Tin Mines Limited (Administrators Appointed) (No 2) [2016] FCA 1366

The extension was necessary to prevent prejudice to the proper administration of justice because the Confidential Affidavit contained non-public commercial information about the value of company assets; disclosure could jeopardise any sale process and potentially jeopardise the Deed of Company Arrangement proposal, and the proper administration of justice required the orderly conduct of any Deed of Company Arrangement or liquidation.

Jurisdiction
Australia
Judgment Date
16 November 2016
Procedural Posture
Corporations Application by Administrators to Extend Confidentiality Orders / Interlocutory Application
Outcome
Application granted; the confidentiality orders were extended.
Legal Topics
['confidentiality Orders' 'non Publication Orders' 'voluntary Administration' 'deed of Company Arrangement' 'liquidation' 'proper Administration of Justice']
['corporations' 'insolvency' 'civil Procedure'] ['confidentiality Orders' 'non Publication Orders' 'voluntary Administration' 'deed of Company Arrangement' 'liquidation' 'proper Administration of Justice']

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Procedural Posture

Corporations Application by Administrators to Extend Confidentiality Orders / Interlocutory Application

Legal Issues

  1. 1 ['Whether the existing confidentiality orders over the Confidential Affidavit should be extended until 23 December 2016 or further order of the Court.' 'Whether extension of the non-publication orders was necessary to prevent prejudice to the proper administration of justice.']

Ratio Decidendi

The extension was necessary to prevent prejudice to the proper administration of justice because the Confidential Affidavit contained non-public commercial information about the value of company assets; disclosure could jeopardise any sale process and potentially jeopardise the Deed of Company Arrangement proposal, and the proper administration of justice required the orderly conduct of any Deed of Company Arrangement or liquidation.

Court Disposition

Application granted; the confidentiality orders were extended.

Orders

  • ['The date in order 1 of the Orders of the Court made on 11 August 2016 be extended until the earlier of either any further order of the Court or 23 December 2016.' "The first and third applicants' costs of this application be paid pro-rata as a cost in the administration of each of the second and fourth...