In the matter of Trio Capital Limited (in liquidation) [2012] NSWSC 1595

In the matter of Trio Capital Limited (in liquidation) [2012] NSWSC 1595

The evidence established that ASIC investigations were being carried out in relation to acts or omissions by Mr Maher that constitute or may constitute contraventions of the Corporations Act 2001 (Cth), and that Mr Maher had indicated he would not accept Supreme Court process and was going overseas shortly. Given the seriousness of the Liquidators' inquiry and the risk that his departure would frustrate examination powers and possible civil proceedings, the Court was satisfied that interim restraint under s 1323 and a warrant under s 486B were justified, with execution of the warrant stayed unless Mr Maher entered an international airport or other point of departure from Australia.

Jurisdiction
Australia
Judgment Date
05 November 2012
Procedural Posture
Interlocutory Applications / Urgent Ex Parte Application by Interlocutory Process Filed on 2 November 2012
Outcome
Orders made restraining Tony Maher from leaving Australia on an interim basis; warrant for apprehension issued and execution stayed subject to condition; orders to be entered forthwith.
Legal Topics
['investigations' 'examination of Company Affairs' 'restraint From Leaving Australia' 'warrant for Apprehension' 'liquidation']
['corporations Law'] ['investigations' 'examination of Company Affairs' 'restraint From Leaving Australia' 'warrant for Apprehension' 'liquidation']

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Procedural Posture

Interlocutory Applications / Urgent Ex Parte Application by Interlocutory Process Filed on 2 November 2012

Legal Issues

  1. 1 ['Whether evidence established that investigations were being carried out under the Australian Securities and Investments Commission Act 2001 (Cth) in relation to an act or omission by Mr Maher that constitutes or may constitute a contravention of the Corporations Act 2001 (Cth).' 'Whether the Court should restrain Mr Maher from leaving Australia under s 1323 of the Corporations Act 2001 (Cth).' "Whether the Court was satisfied that Mr Maher was about to leave Australia in order to avoid being examined about Trio's affairs under s 486B of the Corporations Act 2001 (Cth)." "Whether a warrant should issue for Mr Maher's apprehension and whether execution of that warrant should be stayed subject to a condition."]

Ratio Decidendi

The evidence established that ASIC investigations were being carried out in relation to acts or omissions by Mr Maher that constitute or may constitute contraventions of the Corporations Act 2001 (Cth), and that Mr Maher had indicated he would not accept Supreme Court process and was going overseas shortly. Given the seriousness of the Liquidators' inquiry and the risk that his departure would frustrate examination powers and possible civil proceedings, the Court was satisfied that interim restraint under s 1323 and a warrant under s 486B were justified, with execution of the warrant stayed unless Mr Maher entered an international airport or other point of departure from Australia.

Court Disposition

Orders made restraining Tony Maher from leaving Australia on an interim basis; warrant for apprehension issued and execution stayed subject to condition; orders to be entered forthwith.

Orders

  • ["Service of these orders is to be effected by a text message or text messages being sent to telephone number xxx setting out these orders, and by the plaintiff's solicitor calling telephone number xxx and attempting to read out these orders to Tony Maher or any voicemail service associated with that number." 'An...