CIP Group Pty Ltd v Watters in his capacity as receiver and manager of GGPG Pty Ltd [2024] FCAFC 5

Federal Court of Australia

CIP Group Pty Ltd v Watters in his capacity as receiver and manager of GGPG Pty Ltd [2024] FCAFC 5 Appeal from: CIP Group Pty Ltd v Watters in his capacity as receiver and manager of GGPG Pty Ltd [2023] FCA 329

File number(s): QUD 188 of 2023

Judgment of: HALLEY, GOODMAN AND MCELWAINE JJ

Date of judgment: 7 February 2024

Catchwords: CORPORATIONS – application for leave to appeal from orders made by primary judge dismissing application under s 423 of the Corporations Act 2001 (Cth) (Act) – whether primary judge applied the wrong test under s 423(1)(b) of the Act – whether applicants would suffer any substantial injustice – application for leave to appeal dismissed

Legislation: Corporations Act 2001 (Cth) ss 181, 182, 183, 423

Cases cited: Australian Securities and Investments Commission v Dunner (2013) 303 ALR 98; [2013] FCA 872 Australian Securities and Investments Commission v Macks (No 2) (2019) 133 SASR 251; [2019] SASC 17 Australian Securities and Investments Commission v Wily & Hurst (2019) 137 ACSR 1; [2019] NSWSC 521 BL & GY International Co Ltd v Hypec Electronics Pty Ltd (2010) 79 ACSR 558; [2010] NSWSC 959 CIP Group Pty Ltd v So (2022) 164 ACSR 566; [2022] FCA 1490 Commissioner for Corporate Affairs v Harvey [1980] VR 669 Decor Corporation Pty Ltd v Dart Industries Inc (1991) 33 FCR 397; [1991] FCA 844 Deputy Commissioner of Taxation v Starpicket Pty Ltd (No 2) [2013] FCA 699 Djordjevich v Rohrt (2022) 67 VR 161; [2022] VSCA 84 Duggan v Thomas, in the matter of William Joseph Duggan [2002] FCA 830 Hall v Poolman (2009) 75 NSWLR 99; [2009] NSWCA 64 House v The King (1936) 55 CLR 499; [1936] HCA 40 Kitchen v Director of Professional Services Review [2023] FCAFC 160 Leslie, in the matter of Aboriginal Councils and Associations Act 1976 v Hennesey [2001] FCA 371 Lewis v Battery Mineral Resources Ltd (in liq) (2021) 156 ACSR 162; [2021] FCA 963 Macchia v Nilant (2001) 110 FCR 101; [2001] FCA 7 Naxatu Pty Ltd v Perpetual Trustee Co Ltd (2012) 207 FCR 502; [2012] FCAFC 163 Northbourne Developments Pty Ltd v Reiby Chambers Pty Ltd & Ors (1989) 19 NSWLR 434 Rawson Finances Pty Limited v Deputy Commissioner of Taxation (2010) 81 ATR 36; [2010] FCAFC 139 Re S&D International Pty Ltd (in liquidation)(receiver and manager appointed) [2009] VSC 225 Sahab Holdings Pty Ltd v Tonks (2023) 167 ACSR 560; [2023] NSWCA 12 Vink v Tuckwell (2008) 68 ACSR 265; [2008] VSCA 204 Wilson v Commonwealth of Australia [1999] FCA 219