A person affected by a shelf order under s 588FF(3)(b) who was not known to the liquidator as a potential target does not have an automatic right to set aside the order merely because they were not heard. However, where the liquidator ought to have identified the person as a potential target by the exercise of reasonable diligence — applying the standard expected on ex parte applications — that person is entitled ex debito justitiae to have the order set aside. Liquidators seeking shelf orders must make proper inquiries to identify potential targets before proceeding ex parte, and must present a fair statement of the law including the exceptional nature of such orders.
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