Wily v Bettertiles Contracting Pty Ltd [2002] NSWSC 869

Wily v Bettertiles Contracting Pty Ltd [2002] NSWSC 869

The evidence supported an inference that documents of Bettertiles Projects Pty Limited (In Liquidation) were at 25 Fox Street, Holroyd and were being kept from the liquidator by Bettertiles Contracting Pty Ltd, Bettertiles Pty Ltd or Leonardo Gasparre. The Court was satisfied that each of those three persons had concealed or removed property of the company with the result that taking the property into the liquidator's custody or control would be prevented or delayed, and warrants issued against them. The evidence did not show that Mariliana Gasparre, Patrick Gasparre or Anthony Gasparre personally possessed the documents, so warrants against them were refused.

Jurisdiction
Australia
Judgment Date
20 September 2002
Procedural Posture
Application Under S 530 C of the Corporations Act 2001 (cth) for Search and Seizure Warrants / Ex Parte Application
Outcome
Warrants issued against Bettertiles Contracting Pty Ltd, Bettertiles Pty Ltd and Leonardo Gasparre; warrants declined against Mariliana Gasparre, Patrick Gasparre and Anthony Gasparre.
Legal Topics
['winding Up' "liquidators' Rights and Powers" 'custody or Control of Company Assets' 'search and Seizure Warrants' 'company Books and Property']
['corporations' 'equity'] ['winding Up' "liquidators' Rights and Powers" 'custody or Control of Company Assets' 'search and Seizure Warrants' 'company Books and Property']

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Procedural Posture

Application Under S 530 C of the Corporations Act 2001 (cth) for Search and Seizure Warrants / Ex Parte Application

Legal Issues

  1. 1 ['Whether warrants should issue under s 530C of the Corporations Act 2001 (Cth) against Bettertiles Contracting Pty Ltd, Bettertiles Pty Ltd and Leonardo Gasparre.' 'Whether warrants should issue against Mariliana Gasparre, Patrick Gasparre and Anthony Gasparre.' 'Whether the applications could be dealt with ex parte.' 'Whether the word "person" in s 530C(1) is limited to natural persons.']

Ratio Decidendi

The evidence supported an inference that documents of Bettertiles Projects Pty Limited (In Liquidation) were at 25 Fox Street, Holroyd and were being kept from the liquidator by Bettertiles Contracting Pty Ltd, Bettertiles Pty Ltd or Leonardo Gasparre. The Court was satisfied that each of those three persons had concealed or removed property of the company with the result that taking the property into the liquidator's custody or control would be prevented or delayed, and warrants issued against them. The evidence did not show that Mariliana Gasparre, Patrick Gasparre or Anthony Gasparre personally possessed the documents, so warrants against them were refused.

Court Disposition

Warrants issued against Bettertiles Contracting Pty Ltd, Bettertiles Pty Ltd and Leonardo Gasparre; warrants declined against Mariliana Gasparre, Patrick Gasparre and Anthony Gasparre.

Orders

  • ['Warrants issued against Bettertiles Contracting Pty Ltd, Bettertiles Pty Ltd and Leonardo Gasparre.' 'Warrants declined against Mariliana Gasparre, Patrick Gasparre and Anthony Gasparre.']