Krejci, in the matter of Union Standard International Group Pty Ltd (Administrators Appointed) (No 5) [2020] FCA 1335

Federal Court of Australia

Krejci, in the matter of Union Standard International Group Pty Ltd (Administrators Appointed) (No 5) [2020] FCA 1335 File number: NSD 754 of 2020

Judgment of: YATES J

Date of judgment: 3 September 2020

Catchwords: CORPORATIONS – where company in voluntary administration – where administrators thwarted in obtaining access to company's books and records including by acts or omissions by its sole shareholder – where objectives of Pt 5.3A of the Corporations Act 2001 (Cth) unlikely to be achieved by continuing the administration – whether administration should be brought to an end – whether an order to wind up the company should be made on the just and equitable ground – whether the administrators should be appointed as liquidators – whether the company's sole shareholder should be heard on the application – where the Court is satisfied that the sole shareholder is prima facie in contempt of court

Legislation: Corporations Act 2001 (Cth) ss 447A(1), 461(1)(k), 472(1), Pt 5.3A Federal Court (Corporations) Rules 2000 (Cth) r 5.6(1), 5.6(2) Insolvency Practice Rules (Corporations) 2016 (Cth) r 75-225(3)

Cases cited: Chamberlain Group Pty Ltd v Kids For Life Academy Pty Ltd [2015] NSWCA 241 Krejci, in the matter of Union Standard International Group Pty Ltd (Administrators Appointed) (No 2) [2020] FCA 1111 Krejci, in the matter of Union Standard International Group Pty Ltd (Administrators Appointed) (No 3) [2020] FCA 1109 Krejci, in the matter of Union Standard International Group Pty Ltd (Administrators Appointed) (No 4) [2020] FCA 1252