In the matter of ACN 092 138 442 Pty Ltd [2013] NSWSC 305

In the matter of ACN 092 138 442 Pty Ltd [2013] NSWSC 305

A situation was procured inconsistent with the intent of prior undertakings to the Court, justifying the orders sought; plaintiffs are entitled to know the identity of trustees controlling assets subject to litigation.

Jurisdiction
Australia
Judgment Date
18 February 2013
Procedural Posture
Interlocutory Application / Application to Vary or Set Aside Previous Orders
Outcome
Application to vary or set aside orders dismissed; previous restraint and production orders continue.
Legal Topics
['winding Up' 'trustee Identity Disclosure' 'voidable Transaction' 'alienation of Property to Defeat Creditors']
['corporations'] ['winding Up' 'trustee Identity Disclosure' 'voidable Transaction' 'alienation of Property to Defeat Creditors']

Case Brief

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Procedural Posture

Interlocutory Application / Application to Vary or Set Aside Previous Orders

Legal Issues

  1. 1 ['Whether liquidators are entitled to know the identity of new trustees' 'Whether prior orders should be varied or set aside']

Ratio Decidendi

A situation was procured inconsistent with the intent of prior undertakings to the Court, justifying the orders sought; plaintiffs are entitled to know the identity of trustees controlling assets subject to litigation.

Court Disposition

Application to vary or set aside orders dismissed; previous restraint and production orders continue.

Orders

  • ['Application to vary or set aside orders 5.1 and 5.2 made on 14 February 2013 dismissed.' 'Orders 5.3 and 5.4 made on 14 February 2013 continue until further order.' "Costs of the application are plaintiffs' costs in the proceedings."]