Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Strawbridge (Administrator), in the matter of CBCH Group Pty Ltd (Administrators Appointed) (No 2) [2020] FCA 472 File number: NSD 357 of 2020
Judge: MARKOVIC J
Date of judgment: 1 April 2020
Date of publication of reasons: 9 April 2020
Catchwords: CORPORATIONS – application for orders pursuant to s 447A(1) of the Corporations Act 2001 (Cth) (Act) varying the operation of s 443A(1)(c) and s 443B(2) of the Act such that the administrators of a group of companies are not personally liable for rent due under leases for a two week period – application allowed CORPORATIONS – application for directions pursuant to s 90-15 of the Insolvency Practice Schedule (Corporations), being Sch 2 to the Act, that the administrators are justified in causing the group of companies not to pay rent due under leases for a two week period – application allowed
Legislation: Corporations Act 2001 (Cth) ss 435A, 443A(1)(c), 443B(2), 447A(1), Sch 2 ss 5-30, 90-15, 90-15, 90-20 Federal Court of Australia Act 1976 (Cth) ss 37AF, 37AG(1)(a)
Cases cited: Ample Source International Limited v Bonython Metals Group Pty Limited (in liquidation), in the matter of Bonython Metals Group Pty Limited (in liquidation) (No 8) [2018] FCA 1614; (2018) 366 ALR 491 Australasian Memory Pty Limited v Brien (2000) 200 CLR 270 In the matter of Cook Cove Pty Ltd (admins apptd) and Boyd Cook Cove Finance Corporation Pty Ltd (admins apptd) [2009] NSWSC 620 In the matter of Mothercare Australia Limited (administrators appointed) [2013] NSWSC 263 In the matter of Octaviar Administration Pty Ltd (in liq) [2017] NSWSC 1556 In the matter of RCR Tomlinson Ltd (administrators appointed) [2018] NSWSC 1859 In the matter of Renex Holdings (Dandenong) 1 Pty Ltd (administrators appointed) [2015] NSWSC 2002 Mentha, in the matter of Griffin Coal Mining Company Pty Ltd (administrators appointed) [2010] FCA 1469; (2010) 82 ACSR 142 Silvia v FEA Carbon Pty Ltd (2010) 185 FCR 301
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