Tang (liquidator) v Wright, in the matter of Wright's Transport Pty Limited (in liq)

The liquidator of Wright's Transport Pty Limited, Tang, applied to the Court for the issue of a warrant to recover a vehicle from the defendant, Wright, alleging that Wright had concealed or removed property of the company in liquidation. The application was made ex parte, and Tang sought leave to proceed without the defendant being served with the originating process. Tang also sought suppression orders to prevent the disclosure of sensitive information contained in the affidavits and exhibits, to prevent prejudice to the proper administration of justice. The Court considered whether there was sufficient evidence to support the application for the warrant, and whether suppression orders were necessary. The Court found that there was sufficient evidence to support the application for the warrant and that suppression orders were necessary to prevent prejudice to the proper administration of justice. The Court made the orders sought by Tang, including the issue of a warrant, suppression orders, and an order that the file in the proceeding be kept confidential.

The Court held that Tang had made out a prima facie case for the issue of the warrant, as there was evidence that Wright had concealed or removed property of the company in liquidation. The Court also held that suppression orders were necessary to prevent prejudice to the proper administration of justice, as the information contained in the affidavits and exhibits was sensitive and could prejudice the defendant's right to a fair trial if disclosed. The Court noted that the suppression orders were not intended to prevent the defendant from obtaining legal advice, and that the defendant could apply for the orders to be discharged if necessary. The Court also noted that the costs of the application were reserved, and that the matter would be listed for case management at a later date.