Crawford, in the matter of North Queensland Heavy Haulage Services Pty Ltd (Administrators Appointed) [2017] FCA 723

FEDERAL COURT OF AUSTRALIA

Crawford, in the matter of North Queensland Heavy Haulage Services Pty Ltd (Administrators Appointed) [2017] FCA 723 File number: NSD 992 of 2017

Judge: MARKOVIC J

Date of judgment: 22 June 2017

Catchwords: CORPORATIONS – application for a direction pursuant to s 447D of the Corporations Act 2001 (Cth) (Act) – where administrators seek a direction that they are justified in entering into a funding agreement – whether something more than the making of a business or commercial decision – application for orders pursuant to s 447A of the Act – where administrators seek orders that s 443D of the Act operate to avoid their personal liability in relation to funding agreement – whether to make orders varying administrators' personal liability – application allowed

Legislation: Corporations Act 2001 (Cth) ss 443D, 477A, 477D

Cases cited: Re Mentha (in their capacities as joint and several administrators of the Griffin Coal Mining Company Pty Ltd (admins apptd) (2010) 82 ACSR 142; [2010] FCA 1469 Re Nexus Energy Ltd [2014] NSWSC 1041

Date of hearing: 22 June 2017

Registry: New South Wales

Division: General Division

National Practice Area: Commercial and Corporations

Sub-area: Corporations and Corporate Insolvency

Category: Catchwords

Number of paragraphs: 22

Counsel for the Plaintiffs: Mr M Rose

Solicitor for the Plaintiffs: King & Wood Mallesons

ORDERS NSD 992 of 2017 IN THE MATTER OF NORTH QUEENSLAND HEAVY HAULAGE SERVICES PTY LTD (ADMINISTRATORS APPOINTED) KEITH ALEXANDER CRAWFORD, WILLIAM JAMES HARRIS AND ANTHONY NORMAN CONNELLY IN THEIR CAPACITY AS JOINT AND SEVERAL ADMINISTRATORS OF NORTH QUEENSLAND HEAVY HAULAGE SERVICES PTY LTD (ADMINISTRATORS APPOINTED) AND NQ GROUP PTY LTD (RECEIVERS AND MANAGERS APPOINTED) (ADMINISTRATORS APPOINTED) ACN 089 193 493 Plaintiffs