Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Hutson (liquidator), in the matter of WDS Limited (in liq) (Receivers and Managers Appointed) [2020] FCA 299 File number: NSD 1160 of 2019
Judge: MARKOVIC J
Date of judgment: 11 March 2020
Catchwords: CORPORATIONS – application for a pooling order pursuant to s 579E of the Corporations Act 2001 (Cth) (Act) – whether just and equitable to make an order – whether the Court was satisfied an order would not materially disadvantage an eligible unsecured creditor – pooling order made CORPORATIONS – application for directions pursuant to s 90-15 of Sch 2 to the Act, being the Insolvency Practice Schedule (Corporations) (IPSC) – direction sought as to the proposed approach to the allocation of surplus funds to unsecured creditors of a group of companies – direction made CORPORATIONS – application for directions pursuant to s 579G(1)(e) of the Act and s 65-10 of the IPSC – direction sought as to payments in and out of an administration account for members of a pooled group of companies under external administration – direction made
Legislation: Corporations Act 2001 (Cth) ss 433, 556(1)(e), 556(1)(g), 556(1)(h), 561, 579E(1), 579E(10)(a), 579E(12), 579G(1)(e), 579Q, Sch 2, ss 65-10, 90-15 Corporations Regulations 2001 (Cth) reg 5.6.73
Cases cited: Deputy Commissioner of Taxation v Italian Prestige Jewellery Pty Ltd (in liq) (2018) 129 ACSR 115; [2018] FCA 983 Hathway, in the matter of Stacey Apartments Pty Ltd (in liq) v Southern Cross Estate Developers Pty Ltd (deregistered) [2019] FCA 1218 Lofthouse v Environmental Consultants International Pty Ltd (in liq) [2012] VSC 416 Re Aboriginal Connections Aboriginal Corporation (in liq) (2012) 263 FLR 121; [2012] NSWSC 491 Re Ansett Australia Ltd (No 3) (2002) 115 FCR 409 Re Lombe (2011) 87 ACSR 84; [2011] NSWSC 1536 Re Octaviar Ltd (in liq) [2019] QSC 235 Re Spedley Securities Ltd (in liq) (1992) 9 ACSR 83 Walker, in the matter of ZYX Learning Centres Limited (formerly A.B.C Learning Centres Limited) (Receivers and Managers Appointed)(in Liq) [2015] FCA 146 Warner (liquidator), in the matter of Sakr Bros Pty Ltd (in liq) [2019] FCA 547
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