Badenoch Integrated Logging Pty Ltd v Bryant, in the matter of Gunns Limited (in liq) (receivers and managers appointed) (No 2) [2021] FCAFC 111

Federal Court of Australia

Badenoch Integrated Logging Pty Ltd v Bryant, in the matter of Gunns Limited (in liq) (receivers and managers appointed) (No 2) [2021] FCAFC 111 Appeal from: Bryant, in the matter of Gunns Limited (in liq) (receivers and managers appointed) v Badenoch Integrated Logging Pty Ltd [2020] FCA 713

File number: SAD 121 of 2020

Judgment of: MIDDLETON, CHARLESWORTH AND JACKSON JJ

Date of judgment: 24 June 2021

Catchwords: CORPORATIONS – voidable transactions – unfair preferences – commencement and end dates of single transaction under s 588FA of the Corporations Act 2001 (Cth) COSTS – where both parties had some success on appeal – general rule that costs follow the event – each party to bear own costs of appeal

Legislation: Corporations Act 2001 (Cth), ss 588FA, 588FC, 588FE, 588FF Federal Proceedings (Costs) Act 1981 (Cth), s 6

Cases cited: Badenoch Integrated Logging Pty Ltd v Bryant, in the matter of Gunns Limited (in liq) (receivers and managers appointed) [2021] FCAFC 64

Division: General Division

Registry: South Australia

National Practice Area: Commercial and Corporations

Sub-area: Corporations and Corporate Insolvency

Number of paragraphs: 32

Date of last submissions: 28 May 2021

Counsel for the Appellant: Mr M Gronow QC with Ms R G Morison

Solicitor for the Appellant: Scanlan Carroll Lawyers

Counsel for the Respondents: Mr J Evans QC with Mr B M Gibson

Solicitor for the Respondents: Johnson Winter & Slattery

ORDERS SAD 121 of 2020 IN THE MATTER OF GUNNS LIMITED (IN LIQ) (RECEIVERS AND MANAGERS APPOINTED) BETWEEN: BADENOCH INTEGRATED LOGGING PTY LTD (ACN 097 956 995) Appellant