FEDERAL COURT OF AUSTRALIA

Yeo v Paulding [2010] FCA 293

IN THE MATTER OF PAULDING CONSTRUCTIONS PTY LTD (IN LIQUIDATION) (ACN 052 834 661)

THE COURT ORDERS THAT:

1.         The District Registrar issue, pursuant to s 530C of the Corporations Act 2001 (Cth), a warrant in the form of the warrant which is annexed to this order.

2.         Any requirement that the originating process in this proceeding be served on the defendant is dispensed with, and leave is granted to the plaintiffs to make the application ex parte.

3.         The affidavit of Andrew Reginald Yeo sworn 19 March 2010 together with the exhibits thereto filed in support of the application (and any copy of that affidavit and those exhibits) are to be confidential and kept in a sealed enveloped on the Court file, such envelope not to be opened, nor the affidavits inspected, by any person except with leave of the Court or a Judge.

4.         The plaintiffs’ costs of this application are to be costs in the liquidation of Paulding Constructions Pty Ltd (in liquidation) ACN 052 834 661.

Note:Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
The text of entered orders can be located using Federal Law Search on the Court’s website.

IN THE MATTER OF PAULDING CONSTRUCTIONS PTY LTD (IN LIQUIDATION) (ACN 052 834 661)

REASONS FOR JUDGMENT

1                     The matter before the Court is an ex parte application made on behalf of the liquidators of Paulding Constructions Pty Ltd is that the Court order that a warrant issued pursuant to s 530C of the Corporations Act 2001 (Cth).  Section 530C provides:

“(1)     The Court may issue a warrant under subsection (2) if:

(a)        a company is being wound up or a provisional liquidator of a company is action; and

(b)        on application by the liquidator or provisional liquidator, as the case may be, or by ASIC, the court is satisfied that a person:

(i)         has concealed or removed property of the company with the result that the taking of the property into the custody or control of the liquidator or provisional liquidator will be prevented or delayed; or

(ii)        has concealed, destroyed or removed books of the company or is about to do so.

(2)       The warrant may authorise a specified person, with such help as is reasonably necessary:

(a)        to search for and seize property or books of the company in the possession of the person referred to in subsection (1); and

(b)        to deliver, as specified in the warrant, property or books seized under it.

(3)       In order to seize property or books under the warrant, the specified person may break open a building, room or receptacle where the property is or the books are, or where the person reasonably believes the property or books to be.

(4)       A person who has custody of property or a book because of the execution of the warrant must retain it until the court makes an order for its disposal.”

2                     The evidence which gives rise to the application is found in an affidavit of Andrew Reginald Yeo sworn on 19 March 2010.  I do not propose to consider in any detail the contents of that affidavit in these published reasons because I propose to make an order in the circumstances that the affidavit and the exhibits to it be and remain confidential and are not to be disclosed to any party except with the leave of the court or a judge.  Suffice to say that the affidavit demonstrates to me that there is a justification for the issue of the warrant. 

Associate:

Dated:         24 March 2010