Vardy (liquidator) v Titan Cranes and Rigging Pty Ltd, in the matter of Boon Business Consultants Pty Ltd (in liq) [2024] FCA 1410

Vardy (liquidator) v Titan Cranes and Rigging Pty Ltd, in the matter of Boon Business Consultants Pty Ltd (in liq) [2024] FCA 1410

The Court was not satisfied on the evidence that a factual or other basis existed for making the orders sought, as the relevant allegations in the statement of claim had in substance been aired in open court and no argument was advanced that material was scandalous or vexatious; thus, no confidentiality or suppression order should be made.

Parties
First Plaintiff: Darren John Vardy in his capacity as liquidator of Boon Business Consultants Pty Ltd (in liquidation) (ACN 634 124 315); Second Plaintiff: Boon Business Consultants Pty Ltd (in liquidation) (ACN 634 124 315); Third Plaintiff: Fifteen Investments Pty Ltd (in liquidation) (ACN 158 241 546); Fourth Plaintiff: Henpark Holdings Pty Ltd (in liquidation) (ACN 624 401 029); Fifth Plaintiff: NPC Advisory (SD) Pty Ltd (in liquidation) (ACN 643 357 224); Sixth Plaintiff: NPC Advisory (TC) Pty Ltd (in liquidation) (ACN 651 525 192); Seventh Plaintiff: NPC Advisory Corporate Pty Ltd (in liquidation) (ACN 651 525 209); Eighth Plaintiff: Ultimate Labour Hire Pty Ltd (in liquidation) (ACN 635 852 630); Ninth Plaintiff: Roseville Construction Services Pty Ltd (in liquidation) (ACN 601 107 117); First Defendant: Titan Cranes and Rigging Pty Ltd (ACN 109 564 721); Second Defendant: Mr Damon Leo Hanlin; Non Party Intervener: Fairfax Media Publications Pty Ltd and Mr Marin-Guzman
Jurisdiction
Australia
Judgment Date
04 December 2024
Procedural Posture
Interlocutory Application in Corporations Proceedings / Application for Suppression, Non Publication and Confidentiality Orders—dismissal
Outcome
Application for suppression, non-publication, and confidentiality orders dismissed.
Legal Topics
Suppression and Non Publication Orders, Confidentiality of Court Documents, Open Justice, Access to Pleadings by Non Parties
Practice and Procedure Corporations Law Suppression and Non Publication Orders Confidentiality of Court Documents Open Justice Access to Pleadings by Non Parties

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Parties

Darren John Vardy in his capacity as liquidator of Boon Business Consultants Pty Ltd (in liquidation) (ACN 634 124 315)

First Plaintiff

Boon Business Consultants Pty Ltd (in liquidation) (ACN 634 124 315)

Second Plaintiff

Fifteen Investments Pty Ltd (in liquidation) (ACN 158 241 546)

Third Plaintiff

Henpark Holdings Pty Ltd (in liquidation) (ACN 624 401 029)

Fourth Plaintiff

NPC Advisory (SD) Pty Ltd (in liquidation) (ACN 643 357 224)

Fifth Plaintiff

NPC Advisory (TC) Pty Ltd (in liquidation) (ACN 651 525 192)

Sixth Plaintiff

NPC Advisory Corporate Pty Ltd (in liquidation) (ACN 651 525 209)

Seventh Plaintiff

Ultimate Labour Hire Pty Ltd (in liquidation) (ACN 635 852 630)

Eighth Plaintiff

Roseville Construction Services Pty Ltd (in liquidation) (ACN 601 107 117)

Ninth Plaintiff

Titan Cranes and Rigging Pty Ltd (ACN 109 564 721)

First Defendant

Mr Damon Leo Hanlin

Second Defendant

Fairfax Media Publications Pty Ltd and Mr Marin-Guzman

Non Party Intervener

Procedural Posture

Interlocutory Application in Corporations Proceedings / Application for Suppression, Non Publication and Confidentiality Orders—dismissal

Legal Issues

  1. 1 Whether a statement of claim should be the subject of a confidentiality order under r 2.32(3) of the Federal Court Rules 2011 (Cth)
  2. 2 Whether interim suppression and non-publication orders should be made under s 37AI of the Federal Court of Australia Act 1976 (Cth)

Ratio Decidendi

The Court was not satisfied on the evidence that a factual or other basis existed for making the orders sought, as the relevant allegations in the statement of claim had in substance been aired in open court and no argument was advanced that material was scandalous or vexatious; thus, no confidentiality or suppression order should be made.

Court Disposition

Application for suppression, non-publication, and confidentiality orders dismissed.

Orders

  • The defendants be granted leave to rely upon the Amended Interlocutory Application dated 4 December 2024.
  • Prayers 1A and 2 in the Amended Application are dismissed.