Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Park, in the matter of Surfstitch Group Ltd (Administrators Appointed) [2017] FCA 1244 File number: NSD 1842 of 2017
Judge: MARKOVIC J
Date of judgment: 20 October 2017
Catchwords: BANKRUPTCY AND INSOLVENCY – application to vary administrators' personal liability under s 443A of the Corporations Act 2001 (Cth) – where administrators may become liable for a contingent liability of companies in administration – whether to make orders varying administrators' liability – application allowed
Legislation: Corporations Act 2001 (Cth) ss 443A, 447A
Cases cited: McCluskey v Pasminco Ltd (Administrators Appointed) (2002) 120 FCR 326 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
Date of hearing: 20 October 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: 19
Counsel for the Plaintiff: Mr M L Rose
Solicitor for the Plaintiff: King & Wood Mallesons
ORDERS NSD 1842 of 2017 IN THE MATTER OF SURFSTITCH GROUP LTD (ADMINISTRATORS APPOINTED) ACN 602 288 004 JOHN RICHARD PARK; QUENTIN JAMES OLDE & JOSEPH RONALD HANSELL IN THEIR CAPACITIES AS JOINT & SEVERAL ADMINISTRATORS OF SURFSTITCH GROUP LTD (ADMINISTRATORS APPOINTED) ACN 602 288 004 Plaintiff
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