Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Strawbridge (Administrator), in the matter of CBCH Group Pty Ltd (Administrators Appointed) (No 3) [2020] FCA 555 File number: NSD 357 of 2020
Judge: MARKOVIC J
Date of judgment: 15 April 2020
Date of publication of reasons: 28 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 three 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 three week period – application allowed
Legislation: Corporations Act 2001 (Cth) ss 443A(1)(c), 443B(2), 447A(1), Sch 2 s 90-15 Federal Court of Australia Act 1976 (Cth) ss 37AF, 37AG(1)(a)
Cases cited: Mentha, in the matter of Griffin Coal Mining Company Pty Ltd (administrators appointed) [2010] FCA 1469; (2010) 82 ACSR 142
Date of hearing: 15 April 2020
Registry: New South Wales
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Category: Catchwords
Number of paragraphs: 77
Counsel for the Plaintiffs: Ms V Whittaker SC and Ms T Jonker
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