Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Pascoe (Liquidator), in the matter of Matrix Group Ltd (in liq) (Trustee) [2019] FCA 1844 File number: NSD 1401 of 2019
Judge: GLEESON J
Date of judgment: 11 November 2019
Catchwords: CORPORATIONS – application by a liquidator for approval under s 477(2B) of the Corporations Act 2001 (Cth) to enter into funding agreement on behalf of the company in liquidation – where interested person seeks to protect his asserted rights under earlier funding agreement – factors relevant to the Court's assessment of an application under s 477(2B) – approval granted
Legislation: Corporations Act 2001 (Cth) ss 477(2)(m), 477(2B), Sch 2 ss 60-5(2), 90-5, 90-10, 90-15 Federal Court of Australia Act 1976 (Cth) ss 37AF, 37AG Federal Court (Corporations) Rules 2000 (Cth) rr 2.08, 2.13
Cases cited: Carter, in the matter of Australian Vocational Learning Institute Pty Ltd [2019] FCA 1638 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 Krecji (liquidator), in the matter of Community Work Pty Ltd (in liq) [2018] FCA 425 Re Metrobore Australia Pty Ltd [2014] VSC 247 In the matter of Octaviar Administration Pty Ltd (in liquidation) [2014] NSWSC 344 Re Standsfield DIY Wealth Pty Ltd (in liquidation) [2014] NSWSC 14; (2014) 103 ACSR 401
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