Parbery, in the matter of NewSat Limited (in liq) [2020] FCA 1317

Federal Court of Australia

Parbery, in the matter of NewSat Limited (in liq) [2020] FCA 1317 File number(s): VID 581 of 2020

Judgment of: ANDERSON J

Date of judgment: 10 September 2020

Date of publication of reasons: 14 September 2020

Catchwords: INSOLVENCY – application to replace liquidator – where current liquidator intends to resign as liquidator – where proposed replacement has assisted current liquidator in relation to the liquidation of the subject companies – appropriate to appoint proposed replacement liquidator in circumstances presented – application granted

Legislation: Corporations Act 2001 (Cth), ss 499(3), 556(1)(a), 556(1)(dd) and 556(2) Corporations Act 2001 (Cth), Schedule 2—Insolvency Practice Schedule (Corporations), ss 90-15(1), 90-20(1)(d) Federal Court (Corporations) Rules 2000 (Cth), r 7.2

Cases cited: Ansett Australia Ground Staff Superannuation Plan Pty Ltd v Ansett Australia Ltd [2002] VSC 576

Division: General Division

Registry: Victoria

National Practice Area: Commercial and Corporations

Sub-area: Corporations and Corporate Insolvency

Number of paragraphs: 15

Date of hearing: 10 September 2020

Counsel for the Plaintiff: Jesse J Rudd

Solicitor for the Plaintiff: Arnold Bloch Leibler

ORDERS VID 581 of 2020 IN THE MATTER OF NEWSAT LIMITED (IN LIQUIDATION) (ACN 003 237 303) & ORS

STEPHEN PARBERY IN HIS CAPACITY AS LIQUIDATOR OF NEWSAT LIMITED (IN LIQUIDATION) (ACN 003 237 303), NSN HOLDINGS PTY LTD (IN LIQUIDATION) (ACN 105 253 263), NEWSAT SERVICES PTY LTD (IN LIQUIDATION) (ACN 076 118 708), JABIRU SATELLITE HOLDINGS PTY LTD (IN LIQUIDATION) (ACN 162 147 800), NEWSAT SPACE RESOURCES PTY LTD (IN LIQUIDATION) (ACN 164 219 943), NEWSAT NETWORKS PTY LTD (IN LIQUIDATION) (ACN 078 204 994), JABIRU SATELLITE LIMITED (IN LIQUIDATION) (ACN 121 667 365) Plaintiff