Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Reidy as Trustee for the PR Mining Superannuation Fund v Contained Gold Pty Ltd (in liq) [2020] FCA 268 File number: WAD 543 of 2019
Judge: JACKSON J
Date of judgment: 4 March 2020
Catchwords: CORPORATIONS - application to appoint additional liquidators for special purpose - to investigate certain transactions and pursue any claims - leave required under s 532(2) of Corporations Act 2001 (Cth) where proposed liquidators were receivers and managers within previous two years - leave granted - where current liquidator is unfunded and does not oppose appointment of additional liquidators - orders made to appoint additional liquidators CORPORATIONS - Corporations Act 2001 (Cth) s 477(2B) - application for approval for entry into deed of indemnity lasting more than three months - application made by creditor of the company and proposed party to the deed - application made before additional liquidators appointed - creditor has standing to apply for approval - approval not to be granted before additional liquidators appointed - renewed application for approval of deed to be made after additional liquidators appointed
Legislation: Corporations Act 2001 (Cth) ss 180, 181, 418, 436A, 439A, 439C, 446A, 477, 506, 532, 556, 564, Schedule 2, Division 90 ss 5-30, 90-15, 90-20
Cases cited: Deputy Commissioner of Taxation, in the matter of Italian Prestige Jewellery Pty Ltd (in liq) v Italian Prestige Jewellery Pty Ltd [2018] FCA 983; (2018) 129 ACSR 115 GDK Projects Pty Ltd, in the matter of Umberto Pty Ltd (in liq) v Umberto Pty Ltd (in liq) [2018] FCA 541 Hughes, in the matter of Sales Express Pty Ltd (in liq) [2016] FCA 423 Melhelm Pty Ltd, in the matter of Boka Beverages Pty Ltd (in liq) v Boka Beverages Pty Ltd (in liq) [2019] FCA 1184; (2019) 138 ACSR 95 New Cap Reinsurance Holdings Ltd (ARBN 076 137 249) [2001] NSWSC 835 Re 77738930144 Pty Ltd (in liq) (Formerly Commercial Indemnity Pty Ltd) [2017] NSWSC 452 Re AT Air Group Pty Ltd (in liq) [2012] NSWSC 1508 Re McGrath; HIH Insurance Ltd [2010] NSWSC 404; (2010) 266 ALR 642 Stewart, in the matter of Newtronics Pty Ltd [2007] FCA 1375 Venetian Nominees Pty Ltd v Conlan (1999) 17 ACLC 301
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