Nicols, in the matter of Anatax Pty Ltd (in liq) [2020] FCA 1320

Nicols, in the matter of Anatax Pty Ltd (in liq) [2020] FCA 1320

The Court was satisfied that confidentiality orders should be made pursuant to s 37AF(1)(b)(iv) of the Federal Court of Australia Act on the ground that it is necessary to prevent prejudice to the proper administration of justice, as disclosure of the assignment arrangements would likely affect future similar arrangements and compromise the Commissioner's ability to recover funds for creditors.

Parties
First Plaintiff: Steve Nicols in his capacity as liquidator of Anatax Pty Ltd (in liquidation) (ACN 071 644 098); Second Plaintiff: Anatax Pty Ltd (in liquidation) (ACN 071 644 098)
Jurisdiction
Australia
Judgment Date
16 September 2020
Procedural Posture
Application / Determination on the Papers
Outcome
application allowed
Legal Topics
Confidentiality Orders, Suppression and Non Publication Orders
Practice and Procedure Corporations and Corporate Insolvency Confidentiality Orders Suppression and Non Publication Orders

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Parties

Steve Nicols in his capacity as liquidator of Anatax Pty Ltd (in liquidation) (ACN 071 644 098)

First Plaintiff

Anatax Pty Ltd (in liquidation) (ACN 071 644 098)

Second Plaintiff

Procedural Posture

Application / Determination on the Papers

Legal Issues

  1. 1 Whether confidentiality orders should be made prohibiting disclosure of certain documents under s 37AF of the Federal Court of Australia Act

Ratio Decidendi

The Court was satisfied that confidentiality orders should be made pursuant to s 37AF(1)(b)(iv) of the Federal Court of Australia Act on the ground that it is necessary to prevent prejudice to the proper administration of justice, as disclosure of the assignment arrangements would likely affect future similar arrangements and compromise the Commissioner's ability to recover funds for creditors.

Court Disposition

application allowed

Orders

  • The deed of assignment dated 18 April 2019 at pp 68-79 of exhibit SN-1 and the deed of amendment dated 31 July 2019 at pp 80-85 of exhibit SN-1 are to remain confidential and are prohibited from disclosure to any person, except pursuant to an order of the Court, until 30 June 2021.
  • Corresponding order in proceeding NSD716/2020 in relation to pp 162-173 and 174-179 of exhibit MRH-1.