Sino Group International Limited v Toddler Kindy Gymbaroo Pty Ltd [2023] FCAFC 110

Federal Court of Australia

Sino Group International Limited v Toddler Kindy Gymbaroo Pty Ltd [2023] FCAFC 110 Appeal from: Sino Group International Limited v Toddler Sino Group International Limited v Toddler Kindy Gymbaroo Pty Ltd [2022] FCA 630

File number: VID 371 of 2022

Judgment of: FARRELL, CHEESEMAN AND FEUTRILL JJ

Date of judgment: 14 July 2023

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 primary judge not satisfied discretion to terminate deed of company arrangement (DOCA) enlivened – whether House v R error by primary judge – whether discretion to terminate DOCA enlivened – whether discretion should be exercised to terminate DOCA – Held: appeal allowed, DOCA terminated. PRACTICE AND PROCEDURE – application to adduce further evidence under s 27 of the Federal Court of Australia Act 1976 (Cth) – where evidence not before primary judge – whether if evidence produced at hearing below it would likely have produced a different result – whether to exercise discretion to admit evidence – Held: allowed in part

Legislation: Corporations Act 2001 (Cth) s 445D; Sch 2, Insolvency Practice Schedule (Corporations) 2016 (Cth) ss 75-41 and 90-15 Federal Court of Australia Act 1976 (Cth) ss 27 Insolvency Practice Rules (Corporations) 2016 (Cth) s 75-115