1The mere high likelihood of future criminal proceedings arising from a corporate collapse does not of itself constitute 'special circumstances' under s 597(4) of the Corporations Act sufficient to displace the default position that liquidator's examinations be held in public.
2In assessing whether publicity from a public examination would prejudice a fair criminal trial, the court must consider available ameliorative measures including jury directions, jury selection, and the possibility of a judge-alone trial under s 132 Criminal Procedure Act 1986 (NSW), as well as the extent of pre-existing adverse publicity.
3The case for private examination is substantially weaker where the examinee has not yet been charged and any trial is likely many months or years away, compared to cases where criminal proceedings are already pending.
Case Details
Citation[2018] NSWSC 604
CourtNSWSC
JurisdictionNew South Wales
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