White, in the matter of Macro Realty Developments Pty Ltd and Macro Realty Pty Ltd (No 2) [2020] 649

FEDERAL COURT OF AUSTRALIA

White, in the matter of Macro Realty Developments Pty Ltd and Macro Realty Pty Ltd (No 2) [2020] FCA 649 File number: WAD 332 of 2019

Judge: MCKERRACHER J

Date of judgment: 14 May 2020

Catchwords: CORPORATIONS – liquidators – application for approval of funding agreement under s 477(2B) of the Corporations Act 2001 (Cth) – where agreement has already been executed – approval sought nunc pro tunc – consideration of an approval under s 477(2B) and a direction under Sch 2 s 90-15 of the Corporations Act 2001 (Cth) PRACTICE AND PROCEDURE – non-publication orders – application by liquidator that affidavit and submissions be marked confidential pursuant to ss 37AF(1)(b)(i) and (37AF(1)(b)(iv) of the Federal Court of Australia Act 1976 (Cth) – whether orders necessary to prevent prejudice to the proper administration of justice

Legislation: Corporations Act 2001 (Cth) ss 90-15, 90-20, 477(2B), 1322(4), 1322(4)(a), 1322(4)(d) Federal Court of Australia Act 1976 (Cth) s 37AF. 37AF(1)(b)(i), 37AF(1)(b)(iv), 37AF(2) Federal Court Rules 2011 (Cth) r 9.05(1)

Cases cited: Chamberlain v RG & H Investments Pty Ltd (No 2) (2009) 76 ACSR 415; [2009] FCA 1531 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 Goyal (liquidator), in the matter of OLI 1 Pty Ltd (in liquidation) [2020] FCA 450 Hamilton, in the matter of ACN 101 634 146 Pty Ltd (in liq) [2014] FCA 687 Hancock (liquidator), in the matter of South Townsville Developments Pty Limited (in liq) Hayes, in the matter of Denham Constructions Pty Limited (in liq) [2018] FCA 2053 Re Kevin Jacobsen Pty Ltd (in liq) [2016] NSWSC 538 Krejci (liquidator), in the matter of Community Work Pty Ltd (in liq) [2018] FCA 425 Re Minken Pty Ltd (in liq) [2019] VSC 288 Re One. Tel Ltd and Others (2014) 99 ACSR 247 Re Read and Another [2007] FCA 1985