Mentha, in the matter of Arrium Finance Limited v National Australia Bank Limited [2017] FCA 818

FEDERAL COURT OF AUSTRALIA

Mentha, in the matter of Arrium Finance Limited v National Australia Bank Limited [2017] FCA 818 File number: VID 608 of 2017

Judge: BESANKO J

Date of judgment: 6 July 2017

Date of publication of reasons: 24 July 2017

Catchwords: BANKRUPTCY AND INSOLVENCY – consideration of an application seeking an order pursuant to s 588FM of the Corporations Act 2001 (Cth) for an extension of time for registration for the purposes of s 588FL(2)(b)(iv) – whether it is just and equitable to make an order granting an extension of time for registration for the purposes of s 588FL(2)(b)(iv) – where the administrators have formed the opinion that entry into the relevant agreements is in the best interests of the creditors – where there is no opposition to the proposal seeking entry into the relevant agreements – where the security interests were registered in a timely fashion. PRACTICE AND PROCEDURE – consideration of an application seeking a confidentiality order pursuant to s 37AF of the Federal Court of Australia Act 1976 (Cth) – where documents are plainly commercially confidential.

Legislation: Corporations Act 2001 (Cth) ss 588FL, 588FM, Pt 5.3A Federal Court of Australia Act 1976 (Cth) s 37AF Personal Properties Securities Act 2009 (Cth)

Cases cited: Alleasing Pty Ltd, in the matter of OneSteel Manufacturing Pty Ltd v OneSteel Manufacturing Pty Ltd [2017] FCA 656 K.J. Renfrey Nominees Pty Ltd (Trustee), in the matter of OneSteel Manufacturing Pty Ltd v OneSteel Manufacturing Pty Ltd [2017] FCA 325 Re Appleyard Capital Pty Ltd; 123 Sweden AB v Appleyard Capital Pty Ltd [2014] NSWSC 782; (2014) 101 ACSR 62