Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Chamberlain v RG&H Investments Pty Limited, in the matter of Hardy Bros (Earthmoving) Pty Limited (in liq) (No 3) [2010] FCA 26
Citation: Chamberlain v RG&H Investments Pty Limited, in the matter of Hardy Bros (Earthmoving) Pty Limited (in liq) (No 3) [2010] FCA 26
Parties: CHRISTOPHER MEL CHAMBERLAIN v RG&H INVESTMENTS PTY LIMITED (ACN 000 599 477) and DEPUTY COMMISSIONER OF TAXATION
File number(s): NSD 820 of 2009
Judge: LINDGREN J
Date of judgment: 2 February 2010
Catchwords: COSTS – liquidator's application under s 477(2B) of Corporations Act 2001 (Cth) for Court's approval nunc pro tunc of his entering into agreement with creditor for funding of recovery proceedings – whether liquidator should have to bear his costs of explaining his delay as distinct from having them paid out of company's assets as a cost of the winding up.
Legislation: Corporations Act 2001 (Cth) s 477(2B)
Cases cited: Chamberlain v RG&H Investments Pty Limited; in the matter of Hardy Bros (Earthmoving) Pty Limited (in liq) [2009] FCA 1214 cited Chamberlain v RG&H Investments Pty Limited; in the matter of Hardy Bros (Earthmoving) Pty Limited (in liq) (No 2) [2009] FCA 1531 cited Adsett v Berlouis (1992) 37 FCR 201 referred to The Bell Group Ltd v Westpac Banking Corporation (1998) 16 ACLC 65 referred to Re Newark Pty Ltd (in liq) [1993] 1 Qd R 409 referred to
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