Albarran (Liquidator) v Rankin, in the matter of Hartford Investments Pty Ltd (In Liq) [2018] FCA 2111

Albarran (Liquidator) v Rankin, in the matter of Hartford Investments Pty Ltd (In Liq) [2018] FCA 2111

Because there is a real risk of harm to the administration of justice (specifically, provision of a real forensic advantage to the prosecution in pending criminal proceedings) by publication of certain material in the examination transcript, the scope of redactions should be expanded as requested by Mr Menon. He is entitled to his costs of the interlocutory applications, and the intervener (Fairfax Media) should pay both his and the liquidators' costs.

Parties
Applicant (interlocutory Application) / First Interested Person (main Proceedings): Dev Menon; Respondent (interlocutory Application): Fairfax Media Publications Pty Ltd; Interested Person (interlocutory Application) / Applicant (main Proceedings): Richard Albarran and Brent Kijurina (Liquidators of Hartford Investments Pty Ltd (In Liquidation)); First Prospective Respondent (main Proceedings): Geoffrey Rankin; Second Prospective Respondent (main Proceedings): Yankee Rigging Pty Ltd; Prospective Applicant (main Proceedings): Harmon International Holdings Pty Ltd; Second Interested Person: Mrs Wentworth Pty Ltd; Third Interested Person: Wentworth Units Pty Ltd
Jurisdiction
Australia
Judgment Date
19 December 2018
Procedural Posture
Interlocutory Application for Review of Judicial Registrar's Orders / Determination of Review Application and Costs
Outcome
Application for review upheld. Orders for expanded transcript redactions and public access to the redacted transcript, with access restrictions on unredacted material pending the outcome of criminal proceedings. Costs ordered in favour of Dev Menon and the liquidators, payable by Fairfax Media.
Legal Topics
Public Access to Examination Transcripts, Suppression/confidentiality Orders, Costs of Interlocutory Applications
Corporations Law Insolvency Law Public Access to Examination Transcripts Suppression/confidentiality Orders Costs of Interlocutory Applications

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Parties

Dev Menon

Applicant (interlocutory Application) / First Interested Person (main Proceedings)

Fairfax Media Publications Pty Ltd

Respondent (interlocutory Application)

Richard Albarran and Brent Kijurina (Liquidators of Hartford Investments Pty Ltd (In Liquidation))

Interested Person (interlocutory Application) / Applicant (main Proceedings)

Geoffrey Rankin

First Prospective Respondent (main Proceedings)

Yankee Rigging Pty Ltd

Second Prospective Respondent (main Proceedings)

Harmon International Holdings Pty Ltd

Prospective Applicant (main Proceedings)

Mrs Wentworth Pty Ltd

Second Interested Person

Wentworth Units Pty Ltd

Third Interested Person

Procedural Posture

Interlocutory Application for Review of Judicial Registrar's Orders / Determination of Review Application and Costs

Legal Issues

  1. 1 Whether there is a real or substantial risk of harm to the administration of justice by publication of parts of the examination transcript involving Dev Menon
  2. 2 Whether Dev Menon should receive his costs of and incidental to the interlocutory application and the application before the Registrar, and who should pay the liquidators' costs

Ratio Decidendi

Because there is a real risk of harm to the administration of justice (specifically, provision of a real forensic advantage to the prosecution in pending criminal proceedings) by publication of certain material in the examination transcript, the scope of redactions should be expanded as requested by Mr Menon. He is entitled to his costs of the interlocutory applications, and the intervener (Fairfax Media) should pay both his and the liquidators' costs.

Court Disposition

Application for review upheld. Orders for expanded transcript redactions and public access to the redacted transcript, with access restrictions on unredacted material pending the outcome of criminal proceedings. Costs ordered in favour of Dev Menon and the liquidators, payable by Fairfax Media.

Orders

  • Dev Menon to review and sign the redacted transcript of his examination if/when provided by the liquidators.
  • The redacted transcript to be made available to the public.