Australian Securities Commission v Samson, Gary [1997] FCA 739

Australian Securities Commission v Samson, Gary [1997] FCA 739

The respondent has concealed or removed the books and records of the company, thereby preventing or delaying the liquidator’s access to property; the jurisdiction to issue the warrant under s 530C has been established and the warrant should issue without additional conditions as per Northrop J’s approach.

Jurisdiction
Australia
Judgment Date
12 June 1997
Procedural Posture
Application / Hearing and Judgment
Outcome
Warrant issued
Legal Topics
['warrant Issuance Under S 530 C' 'concealment and Removal of Company Property' "liquidator's Access to Company Books"]
['corporations Law'] ['warrant Issuance Under S 530 C' 'concealment and Removal of Company Property' "liquidator's Access to Company Books"]

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Procedural Posture

Application / Hearing and Judgment

Legal Issues

  1. 1 ['Whether a warrant should be issued under s 530C of the Corporations Law' 'Whether conditions should be attached to the warrant']

Ratio Decidendi

The respondent has concealed or removed the books and records of the company, thereby preventing or delaying the liquidator’s access to property; the jurisdiction to issue the warrant under s 530C has been established and the warrant should issue without additional conditions as per Northrop J’s approach.

Court Disposition

Warrant issued

Orders

  • ['A warrant is issued authorising an officer of the Australian Securities Commission and the Australian Federal Police to search for and seize all property and books of Idem Australia Pty Ltd in liquidation in the possession of Gary Samson.' 'Authorised persons may break open buildings, rooms, or receptacles where...