Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Hayes, in the matter of Denham Constructions Pty Limited (in liq) [2018] FCA 2053 File number: NSD 1432 of 2018
Judge: MARKOVIC J
Dates of judgment: 10 and 16 August 2018
Date of publication of reasons: 20 December 2018
Catchwords: CORPORATIONS – application pursuant to s 477(2B) of the Corporations Act 2001 (Cth) (Act) for the Court's retrospective approval of funding and costs agreements entered into by the liquidator – whether approval should be granted nunc pro tunc – application allowed. CORPORATIONS – application by a liquidator for an order pursuant to s 90-15 of the Insolvency Practice Schedule (Corporations), Sch 2 to the Act, that he is justified in redacting certain details on forms lodged with the Australian Securities and Investments Commission – application allowed. PRACTICE AND PROCEDURE – application by a liquidator for non-publication orders pursuant to s 37AF(1)(b)(iv) of the Federal Court of Australia Act 1976 (Cth) (FCA Act) – whether orders necessary to prevent prejudice to the proper administration of justice under s 37AG(1)(a) of the FCA Act – application allowed.
Legislation: Corporations Act 2001 (Cth) ss 477(2B), 596A, 596B, 1322(4)(d), Sch 2 ss 90-15, 90-20(1) Federal Court of Australia Act 1976 (Cth) ss 37AE, 37AF(1), 37AG, 37AJ
Cases cited: Australian Competition and Consumer Commission v Air New Zealand Ltd (No 3) [2012] FCA 1430 Hamilton, in the matter of ACN 101 634 146 Pty Ltd (in liq) [2014] FCA 687 Hogan v Australian Crime Commission (2010) 240 CLR 651 In the matter of Octaviar Administration Pty Ltd (in liq) [2017] NSWSC 1556 Robinson, in the matter of Reed Constructions Australia Pty Ltd (in liq) [2017] FCA 594 Stanford v DePuy International Ltd [2013] FCA 1304 Stewart, in the matter of Newtronics Pty Ltd [2007] FCA 1375 Walley, in the matter of Poles & Underground Pty Ltd (Administrators Appointed) [2017] FCA 48 Woods, in the matter of Paladin Energy Ltd (Administrators Appointed) [2017] FCA 836
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate