Djordjevich v Rohrt

The matter of Djordjevich v Rohrt before the court involved an application by Djordjevich for an investigation into the liquidation of a company. The application was initially heard by a judge of the Federal Court, who decided to follow a three-stage process and considered public interest factors in the decision. The decision was subsequently appealed, with the primary focus being on whether the judge had correctly applied the law in deciding to use a three-stage process and whether they should have considered public interest factors. Additional issues included whether new matters were raised on appeal and if they had any substance.

The legal issues before the court involved the interpretation of the relevant provisions of the Corporations Act 2001 (Cth), specifically sections 90-5, 90-10, 90-15, 90-20, and 536 (repealed). The court needed to determine whether the judge had erred in adopting a three-stage process for the investigation and whether they should have considered public interest factors. The court also considered whether the appeal had raised new matters that had no substance. Relevant case law included ASIC v Wily, BL & GY International Co Ltd v Hypec Electronics Pty Ltd, and House v The King.

The court held that the judge had not erred in adopting the three-stage process, as it was consistent with the current provisions of the Corporations Act. The court further held that the judge had not erred in considering public interest factors, as they were relevant to the decision-making process. The court also found that no new matters had been raised on appeal and that any new matters raised did not have any substance. Consequently, the appeal was dismissed. The court also considered the application for leave to appeal the costs order and found that there was no reviewable error in the costs decision. Therefore, the application for leave to appeal the costs order was refused, and costs were ordered to follow the event on a standard basis up to 15 December 2020, and thereafter on an indemnity basis.