Carrafa v Reinhold Investments Pty Ltd, in the matter of Greenfield Mowers Pty Ltd (In Liq) [2018] FCA 1252

Carrafa v Reinhold Investments Pty Ltd, in the matter of Greenfield Mowers Pty Ltd (In Liq) [2018] FCA 1252

The Court was satisfied that the application was properly brought ex parte and that the evidence established that Mr Reinhold had concealed or removed books and property of the company. As the requirements of s 530C of the Corporations Act 2001 (Cth) were established, a warrant should be issued.

Jurisdiction
Australia
Judgment Date
17 August 2018
Procedural Posture
Application for Issue of Search Warrant Under S 530 C of the Corporations Act 2001 (cth) / Ex Parte Application
Outcome
Application granted; warrant ordered to issue.
Legal Topics
['winding Up' 'liquidator' 'search Warrant' 'company Property and Books' 'ex Parte Application']
['corporations' 'insolvency'] ['winding Up' 'liquidator' 'search Warrant' 'company Property and Books' 'ex Parte Application']

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Procedural Posture

Application for Issue of Search Warrant Under S 530 C of the Corporations Act 2001 (cth) / Ex Parte Application

Legal Issues

  1. 1 ['Whether leave should be granted to bring the application ex parte and dispense with service on the defendants.' 'Whether the Court should issue a warrant under s 530C of the Corporations Act 2001 (Cth) to search for and seize property or books of Greenfield Mowers Pty Ltd (In Liquidation).' 'Whether the evidence established that a person had concealed or removed property or books of the company within s 530C(1)(b)(i) or (ii).']

Ratio Decidendi

The Court was satisfied that the application was properly brought ex parte and that the evidence established that Mr Reinhold had concealed or removed books and property of the company. As the requirements of s 530C of the Corporations Act 2001 (Cth) were established, a warrant should be issued.

Court Disposition

Application granted; warrant ordered to issue.

Orders

  • ['The Registrar issue, pursuant to section 530C of the Corporations Act 2001 (Cth), a warrant in the form which is annexed to this order.' 'The requirement that the originating process in this proceeding be served on the defendants is dispensed with, and leave is granted to the plaintiffs to make the application ex...