The existence of a long-running criminal investigation targeting an examinee, without pending charges, does not of itself constitute 'special circumstances' making it desirable to hold a liquidator's examination in private under s 597(4) of the Corporations Act. The speculative risk that media publicity of the examination might prejudice potential jurors in a future trial is insufficient, particularly where no charges have been laid, any trial is likely years away, and ameliorative measures (including jury directions and ad hoc protective orders during the examination) are available. An appellant who expressly disavowed a ground before the primary judge cannot raise it on appeal.
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