Public examinations of directors or other persons: When should an order be made that the examination be held in private rather?

Public examinations of directors or other persons: When should an order be made that the examination be held in private rather?

Public examinations provide a means by which a liquidator, administrator or other eligible applicant can examine officers of a corporation and any other person who may be able to provide information about the corporation's 'examinable affairs’. Section 597(4) of the Corporations Act 2001 (“Act”) provides that an examination should be held in public, except where or to the extent that the court considers it desirable, because of 'special circumstances', that it be held in private.

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