Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Shafston Avenue Construction Pty Ltd v McCann [2020] FCAFC 85 Appeal from: Shafston Avenue Construction Pty Ltd, in the matter of CRCG-Rimfire Pty Ltd (subject to deed of company arrangement) v McCann [2019] FCA 1426
File number: QUD 603 of 2019
Judges: FARRELL, DAVIES AND MOSHINSKY JJ
Date of judgment: 22 May 2020
Catchwords: CORPORATIONS – deed of company arrangement – application to terminate deed of company arrangement pursuant to s 445D(1) of the Corporations Act 2001 (Cth) – where the primary judge refused to terminate deed of company arrangement – whether primary judge erred in finding that there was not a likely prospect of the creditors of the company receiving a better outcome in the liquidation of the company – whether the primary judge erred in making certain factual findings – whether the primary judge erred in the exercise of his discretion PRACTICE AND PROCEDURE – new point on appeal – where the appellants sought to rely on certain Australian cases that had not been referred to at first instance to support the proposition that the requirement of reciprocity (for recognition of an Australian judgment in China) would be satisfied – whether the appellants' submission amounted to a new point on appeal – whether the appellants should have leave to make the submission
Legislation: Corporations Act 2001 (Cth), ss 444E, 445D, 447A, 461 Insolvency Practice Rules (Corporations) 2016 (Cth), s 75-115
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