In the Matter of Movitor Pty Ltd (Receiver and Manager appointed) (in liq) Sims, Anthony Milton (Applicant)

[1996] FCA 206

IN THE FEDERAL COURT OF AUSTRALIA     )No. VG 3408 of 1995
GENERAL DIVISION                   )
BANKRUPTCY DISTRICT OF             )
THE STATE OF VICTORIA              )

IN THE MATTER OF   MOVITOR PTY. LTD. (RECEIVER AND MANAGER APPOINTED) (IN LIQUIDATION) (ACN 006 724 036)

ANTHONY MILTON SIMS

Applicant

MINUTES OF ORDERS

JUDGE MAKING ORDER:                Drummond J
DATE OF ORDER:  29 March, 1996
WHERE MADE:  Brisbane

THE COURT ORDERS THAT:

1. The exhibits numbered 6, 7, 10, 11, 12, 15 and 17 to the affidavit of Anthony Milton Sims sworn 12 July, 1995 be kept confidential and that they not be open to inspection by anyone without the leave of a Judge.

1. The copies of the exhibits referred to in Order 1 served on the Australian Securities Commission by the applicant in accordance with the direction of the Court be kept confidential to the Australian Securities Commission unless a Judge otherwise orders.

NOTE:Settlement and entry of orders is dealt with in Rule 124 of the Bankruptcy Rules.

IN THE FEDERAL COURT OF AUSTRALIA   )     No. VG 3408 of 1995
GENERAL DIVISION                   )
BANKRUPTCY DISTRICT OF             )
THE STATE OF VICTORIA              )

IN THE MATTER OF   MOVITOR PTY. LTD. (RECEIVER AND MANAGER APPOINTED) (IN LIQUIDATION) (ACN 006 724 036)

ANTHONY MILTON SIMS

Applicant

CORAM:    Drummond J
PLACE:    Brisbane
DATE:     29 March, 1996

REASONS FOR JUDGMENT

The liquidator, the applicant in the proceedings, sought directions under s. 479(3) the Corporations Law as to its power to enter into a funding arrangement.  In support of his application, the applicant filed an affidavit containing several confidential exhibits.   On 15 March, 1996 I made a declaration that the applicant had the relevant power and, further, made an order that the confidential exhibits in the material relied upon by the applicant, the applicant's written submissions, and my reasons for judgment be kept confidential until 4.00 p.m. on 25 March, 1996.  I further directed that the applicant deliver written submissions in support of his contention that this material should remain confidential.

The applicant now seeks an order, pursuant to s. 50 the Federal Court of Australia Act 1976 (Cth), restricting the publication or inspection of confidential exhibits numbered 6, 7, 10, 11, 12, 15 and 17.  The applicant does not seek any restriction on publication of my reasons for judgment delivered 15 March, 1996, nor any editing of those reasons.

The documents the applicant seeks to have kept confidential fall into two categories.  Firstly, there are documents the subject of legal professional privilege, which comprise or record confidential communications between the applicant and his legal advisers.  These documents are exhibits 6, 7 and 10 to the applicant's affidavit.

Secondly, there are documents which record discussions between the applicant and some of the creditors in relation to the specific amounts those creditors are prepared to contribute towards the costs of legal proceedings intended to be instituted by the applicant and Movitor Pty. Ltd. (Receivers and Managers Appointed) (In Liquidation) against the directors of Movitor and Ausind Investments Pty. Ltd..  These discussions were intended by the participants to be kept confidential to them.  These documents are exhibits 11, 12, 15 and 17 to the applicant's affidavit.

I will order that all these documents be placed in a sealed envelope on the file and that they be kept confidential and that they not be open to inspection by anyone without the leave of a Judge.  I will also order that the copies of these documents served on the Australian Securities Commission by the applicant in accordance with the direction of the Court be kept confidential to the Australian Securities Commission unless a Judge otherwise orders.

I certify that this and the preceding
two pages are a true copy of the
reasons for judgment herein of the
Honourable Justice Drummond.

Associate:

Date:        29 March, 1996