Chamberlain v RG&H Investments Pty Limited, in the matter of Hardy Bros (Earthmoving) Pty Limited (in liq) [2009] FCA 1214

FEDERAL COURT OF AUSTRALIA

Chamberlain v RG&H Investments Pty Limited, in the matter of Hardy Bros (Earthmoving) Pty Limited (in liq) [2009] FCA 1214

CORPORATIONS – application under s 477(2B) of Corporations Act 2001 (Cth) (the Act) for approval nunc pro tunc of two litigation funding agreements between creditor and liquidator – whether liquidator had adequately explained omission to seek approval before agreements were entered into and his delay in remedying that omission – application under s 564 of the Act for order that funding creditor be paid in full out of monies recovered as a result of the funding agreements – other main creditor's proof of debt had been rejected by liquidator – pending proceeding by that creditor in Supreme Court of New South Wales to establish its entitlement – premature for Court to deal with application under s 564 at this stage. Corporations Act 2001 (Cth) ss 477(2B), 479(3), 564, 1322(4) IN THE MATTER OF HARDY BROS (EARTHMOVING) PTY LIMITED (IN LIQUIDATION) (ACN 051 066 669) CHRISTOPHER MEL CHAMBERLAIN v RG&H INVESTMENTS PTY LIMITED (ACN 000 599 477) and DEPUTY COMMISSIONER OF TAXATION

NSD 820 of 2009

LINDGREN J

29 OCTOBER 2009

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION NSD 820 of 2009

IN THE MATTER OF HARDY BROS (EARTHMOVING) PTY LIMITED (IN LIQUIDATION) (ACN 051 066 669) CHRISTOPHER MEL CHAMBERLAIN

Plaintiff

RG&H INVESTMENTS PTY LIMITED (ACN 000 599 477)

First Defendant

DEPUTY COMMISSIONER OF TAXATION

Second Defendant

JUDGE: LINDGREN J

DATE OF ORDER: 29 OCTOBER 2009

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The proceeding be stood over to Wednesday 4 November 2009 at 9.30am.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. The text of entered orders can be located using eSearch on the Court's website. IN THE FEDERAL COURT OF AUSTRALIA