In the matter of ACN 067 436 024 Pty Limited (in liquidation)

A liquidator applied for an order releasing transcripts of examinations held under a statutory power to a potential litigation funder. The examinees opposed the application, citing potential prejudice to their defence in criminal proceedings. The court considered the matter of the liquidator’s application to release the transcripts of examinations to a potential litigation funder and the examinees’ opposition, which raised concerns about potential prejudice to their criminal defence. The court also considered whether the liquidator should bear the costs of the examinees’ legal expenses incurred during the examination process.

The court held that the liquidator's application for release of the transcripts should be granted, subject to a notification regime to mitigate the risk of prejudice to the examinees' criminal defence. The court determined that the proposed notification regime was adequate to address the examinees' concerns. The court also considered the issue of costs, finding that the liquidator should bear the costs of the examinees as the liquidator's application had a necessary and helpful role in the proceedings, and the examinees had acted reasonably in respect of the claim.

The court ordered the release of the transcripts of examinations to the potential litigation funder, subject to the implementation of the proposed notification regime. The court further ordered that the liquidator should pay the costs of the examinees' legal expenses incurred during the examination process. This decision underscores the balance between the interests of the liquidator in pursuing their duties and the rights of the examinees to protect their interests in other proceedings.