Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Executor Trustees Limited v Provident Capital Limited (Receivers and Managers Appointed) (In Liq) [2016] FCA 337 File number: NSD 808 of 2012
Judge: RARES J
Date of judgment: 4 March 2016
Catchwords: CORPORATIONS – BANKRUPTCY AND INSOLVENCY – Corporations Act 2001 (Cth) – Court appointed receiver's application for judicial advice – where receiver seeks approval to cause company to enter litigation funding agreement – whether receiver justified in causing company to enter agreement – whether agreement or particular terms to remain confidential
Legislation: Corporations Act 2001 (Cth) ss 477(2A), 477(2B) Federal Court of Australia Act 1976 (Cth) s 37AF
Cases cited: Coffs Harbour City Council v Australia and New Zealand Banking Group Limited [2016] FCA 306 Lehmann Brothers Australia Limited (in liquidation) v Lehmann Brothers Special Financing Inc. [2015] FCA 1529 Letten v Templeton (2014) 102 ACSR 425 The Queen v Davison (1954) 90 CLR 353
Date of hearing: 4 March 2016
Registry: New South Wales
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Category: Catchwords
Number of paragraphs: 12
Counsel for the Applicant: M Cessario
Solicitor for the Applicant: Gilchrist Connell
Counsel for the Respondent: J Hynes
Solicitor for the Respondent: Henry Davis York
ORDERS NSD 808 of 2012
BETWEEN: AUSTRALIAN EXECUTOR TRUSTEES LIMITED Applicant
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