Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Krejci (liquidator), in the matter of Community Work Pty Ltd (in liq) [2018] FCA 425 File number: NSD 123 of 2018
Judge: GLEESON J
Date of judgment: 5 April 2018
Date of publication of reasons: 11 April 2018
Catchwords: BANKRUPTCY AND INSOLVENCY – whether to approve nunc pro tunc liquidator's entry into funding agreement on behalf of company in liquidation pursuant to s 477(2B) of the Corporations Act 2001 (Cth) ("Act") – whether to make justification order pursuant to s 90-15(1) of the Insolvency Practice Schedule (Corporations), being Sch 2 of the Act, regarding liquidator's entry into funding agreement in circumstances where funder a potential debtor of the company PRACTICE AND PROCEDURE – whether to make confidentiality order pursuant to ss 37AF(1)(b), 37AG(1)(a) and 37AJ of the Federal Court Act 1976 (Cth) to protect details of funding agreement where purpose is to fund public examinations to assist decision whether to commence litigation
Legislation: Corporations Act 2001 (Cth) s 477(2B) Federal Court of Australia Act 1976 (Cth) ss 37AF(1)(b), 37AG(1)(a), 37AJ Insolvency Practice Schedule (Corporations), being Schedule 2 of the Corporations Act 2001 (Cth) s 90-15(1)
Cases cited: Buiscex Ltd v Panfida Food Ltd (1998) 28 ACSR 357 Empire (Aust) Nominees Pty Ltd v Vince [2000] VSC 324; (2000) 35 ACSR 167 Hall v Poolman [2009] NSWCA 64; (2009) 254 ALR 333; (2009) 71 ACSR 139 Hamilton as liquidator of ACN 101 634 146 Pty Ltd (in liq) [2014] FCA 687 Onefone Australia Pty Ltd v OneTel Ltd [2010] NSWSC 498; (2010) 8 ACSR 163 Re Glengrant Civil Pty Ltd (In Liq) [2017] NSWSC 843 Re HIH Insurance Group Ltd (2001) 19 ACLC 1102 Re Octaviar Administration Pty Ltd (in liq) [2014] NSWSC 344 Re Octaviar Administration Pty Ltd (in liq) [2017] NSWSC 1556 Robinson, in the matter of Reed Constructions Australia Pty Ltd (in liq) [2017] FCA 594 Sanderson v Classic Car Insurances Pty Ltd (1985) 10 ACLR 115 Stewart, in the matter of Newtronics Pty Ltd [2007] FCA 1375 Walley, in the matter of Poles & Underground Pty Ltd [2017] FCA 486
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