Federal Court of Australia
Federal Court of Australia
Niccol, in the matter of FLY365 Pty Ltd (in liq) [2020] FCA 1303 File number: NSD 210 of 2020
Judgment of: STEWART J
Date of judgment: 8 September 2020
Catchwords: CORPORATIONS – application for approval to enter into a funding agreement under s 477(2B) of the Corporations Act 2001 (Cth) – where work was carried out by liquidators prior to obtaining approval for the agreement – whether liquidators carrying out duties faithfully – approval granted CORPORATIONS – application for direction under s 90-15 of the Insolvency Practice Schedule – whether liquidators justified in entering into funding agreement – direction made PRACTICE AND PROCEDURE – application for suppression order under s 37AF of the Federal Court of Australia Act 1976 (Cth) – whether order necessary in the interests of justice – limited suppression orders made
Legislation: Corporations Act 2001 (Cth) s 477(2B); Sch 2, Insolvency Practice Schedule (Corporations) ss 90-15, 90-20 Federal Court of Australia Act 1976 ss 17(4); 37AE, 37AF, 37AG, 37AJ
Cases cited: In the matter of One.Tel Limited [2014] NSWSC 457 Krejci, in the matter of Union Standard International Group Pty Ltd (Administrators Appointed) (No 2) [2020] FCA 1111 McGrath & Anor re HIH Insurance Ltd [2005] NSWSC 731 Motorola Solutions Inc. v Hytera Communications Corporation Ltd (No 2) [2018] FCA 17 Onefone Australia Pty Ltd v One.Tel Pty Ltd [2010] NSWSC 498; 78 ACSR 163 Stewart, in the matter of Newtronics Pty Ltd [2007] FCA 1375
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