Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Lewis (liquidator), in the matter of Concrete Supply Pty Ltd (in liq) [2020] FCA 841 File number: SAD 72 of 2020
Judge: WHITE J
Date of judgment: 16 June 2020
Catchwords: CORPORATIONS – application pursuant to s 477(2B) of the Corporations Act 2001 (Cth) (the Act) for approval for liquidators to enter into a retainer with the solicitors who have represented and continue to represent the largest creditor of company being wound up – application under s 90-15 of Div 90, Sch 2 to the Act – whether s 477(2B) is applicable to retainer between solicitors and liquidators – whether approval should be given retrospectively – whether there would be prejudice to the liquidator's independence. Held: application granted.
Legislation: Corporations Act 2001 (Cth) ss 445D, 477, 1322(4)(d) Insolvency Practice Schedule (Corporations) cll 5-15, 90-15
Cases cited: Adelaide Brighton Cement Limited, in the matter of Concrete Supply Pty Ltd v Concrete Supply Pty Ltd (Subject to Deed of Company Arrangement) (No 4) [2019] FCA 1846 Concrete Supply Pty Ltd (Subject to Deed of Company Arrangement) v Adelaide Brighton Cement Limited [2019] FCA 2202 Corporate Affairs Commission v ASC Timber Pty Ltd (1998) 16 ACLC 1642 Empire (Aust) Nominees Pty Ltd v Vince [2000] VSC 324; (2000) 18 ACLC 738 Frigger v Kitay (No 2) [2020] FCA 497 GDK Projects Pty Ltd, in the matter of Umberto Pty Ltd (in liq) v Umberto Pty Ltd (in liq) [2018] FCA 541 In the matter of Hawden Property Group Pty Ltd (in liq) (ACN 003 528 345) [2018] NSWSC 481 In the matter of HIH Casualty and General Insurance Limited (in liquidation and Subject to Schemes of Arrangement) ACN 008 482 291 [2018] NSWSC 1886 In the matter of Kala Capital Pty Limited (in liq) [2012] NSWSC 1073 Re ACN 151 726 224 Pty Ltd (in liq) previously Ridley Capital Holdings Pty Ltd [2016] NSWSC 1801 Re Bell Group Ltd (in liq); Ex parte Woodings as liquidator of The Bell Group Ltd (in liq) [2009] WASC 235 Re Bellafountain Pty Ltd [2017] NSWSC 391 Re HIH Insurance Ltd [2004] NSWSC 5 Re Ji Woo International Education Centre Pty Ltd [2019] NSWSC 93; (2019) 134 ACSR 448 Re Laurie Cottier Productions Pty Ltd (in liq) (1992) 9 ACSR 513 Re MF Global Australia Ltd (in liq) [2012] NSWSC 994 Re Octaviar Administration Pty Ltd (in liq) [2017] NSWSC 1556 Re One.Tel Ltd [2014] NSWSC 457, (2014) 99 ACSR 247 Re Opel Networks Pty Ltd [2013] NSWSC 1245 Re Read [2007] FCA 1985; (2007) 164 FCR 237 Re Spedley Securities Ltd (in liq) (1992) 10 ACLC 1742 Re United Medical Protection (No 4) [2002] NSWSC 516; (2002) 20 ACLC 1647 Smarter Way (Aust) Pty Ltd v D'Aloia [2000] VSC 408; (2000) 35 ACSR 595 Stewart, in the matter of Newtronics Pty Ltd [2007] FCA 1375 Vickers, in the matter of York Street Mezzanine (in liq) [2011] FCA 1028 Warner (Liquidator), in the matter of Sakr Bros Pty Ltd (in liq) [2019] FCA 547
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