Endeavour Securities Australia Ltd (in liq) v Moore Stephens Audit (Vic) [2023] FCA 841

Endeavour Securities Australia Ltd (in liq) v Moore Stephens Audit (Vic) [2023] FCA 841

Applicants are justified in prosecuting proceedings as liquidators of the plaintiffs and materials specified in the order are to be kept confidential; costs of the application are to be paid from scheme property on the indemnity basis.

Jurisdiction
Australia
Judgment Date
21 July 2023
Procedural Posture
Application for Judicial Guidance / Interlocutory Hearing on Application for Judicial Advice and Confidentiality Orders
Outcome
Application granted
Legal Topics
['judicial Guidance for Liquidators' 'trustee Advice on Litigation' 'confidential Material in Proceedings']
['corporations' 'trusts' 'insolvency'] ['judicial Guidance for Liquidators' 'trustee Advice on Litigation' 'confidential Material in Proceedings']

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Procedural Posture

Application for Judicial Guidance / Interlocutory Hearing on Application for Judicial Advice and Confidentiality Orders

Legal Issues

  1. 1 ['Whether applicants are justified in prosecuting proceedings against respondents' 'Whether confidential materials should be protected from disclosure' "Whether applicants' costs should be paid from scheme property"]

Ratio Decidendi

Applicants are justified in prosecuting proceedings as liquidators of the plaintiffs and materials specified in the order are to be kept confidential; costs of the application are to be paid from scheme property on the indemnity basis.

Court Disposition

Application granted

Orders

  • ['Confidentiality order made under section 37AF of Federal Court of Australia Act 1976 (Cth), restricting disclosure of specified affidavits, opinion, submissions and transcript until conclusion of proceeding or further court order.' 'Applicants justified in prosecuting the proceedings filed on 28 September 2022...