Hancock (liquidator), in the matter of South Townsville Developments Pty Limited (in liq) [2019] FCA 71

FEDERAL COURT OF AUSTRALIA

Hancock (liquidator), in the matter of South Townsville Developments Pty Limited (in liq) [2019] FCA 71

File number: NSD 105 of 2019

Judge: PERRY J

Date of judgment: 25 January 2019

Date of publication of reasons: 5 February 2019

Catchwords: CORPORATIONS – winding up – where creditors' voluntary winding up – application under s 477(2B) of the Corporations Act 2001 (Cth) for the approval of a funding agreement to be entered into by liquidator – application for retroactive approval nunc pro tunc – application granted PRACTICE AND PROCEDURE – where application for a suppression or non-publication order pursuant to ss 37AF and 37AG(1)(a) of the Federal Court of Australia Act 1976 (Cth) – whether clear public interest in the due and beneficial administration of estates of insolvent companies – where disclosure of reasons for judgment an essential aspect of the principle of open justice

Legislation: Corporations Act 2001 (Cth) Federal Court of Australia Act 1976 (Cth)

Cases cited: Deputy Commissioner of Taxation, in the Matter of ACN 154 520 199 Pty Ltd (in liq) v ACN 154 520 199 Pty Ltd (in liq) (No 2) [2017] FCA 755 Hogan v Australian Crime Commission [2010] HCA 21; (2010) 240 CLR 651 Needham, in the matter of Bruck Textile Technologies Pty Ltd (in liq) [2016] FCA 837 Robinson, in the matter of Reed Constructions Australia Pty Ltd (in liq) [2017] FCA 594 SRD v Australian Securities Commission (1994) 52 FCR 187 Stewart, in the matter of Newtronics Pty Ltd [2007] FCA 1375 Woods, in the matter of Paladin Energy Ltd (Administrators Appointed) [2017] FCA 836