Yeo v Paulding [2010] FCA 293

Yeo v Paulding [2010] FCA 293

The affidavit demonstrated sufficient justification for the issue of a warrant under s 530C of the Corporations Act 2001 (Cth); confidentiality of the affidavit and annexures was justified in the circumstances.

Jurisdiction
Australia
Judgment Date
19 March 2010
Procedural Posture
Ex Parte Application in Corporate Liquidation / Interlocutory Application for Issue of Warrant
Outcome
Warrant issued; confidentiality orders made; service dispensed with; costs to be costs in the liquidation.
Legal Topics
['issue of Warrant Under Corporations Act S 530 C' 'confidentiality of Affidavit' 'ex Parte Applications in Liquidation']

Case Brief

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Procedural Posture

Ex Parte Application in Corporate Liquidation / Interlocutory Application for Issue of Warrant

  1. 1 ['Whether a warrant should be issued under s 530C of the Corporations Act 2001 (Cth)' 'Whether supporting affidavit should be kept confidential']

Ratio Decidendi

The affidavit demonstrated sufficient justification for the issue of a warrant under s 530C of the Corporations Act 2001 (Cth); confidentiality of the affidavit and annexures was justified in the circumstances.

Court Disposition

Warrant issued; confidentiality orders made; service dispensed with; costs to be costs in the liquidation.

Orders

  • ['The District Registrar issue, pursuant to s 530C of the Corporations Act 2001 (Cth), a warrant in the form annexed.' 'Any requirement that the originating process be served on the defendant is dispensed with; leave granted to make the application ex parte.' 'The affidavit of Andrew Reginald Yeo sworn 19 March 2010...