Federal Court of Australia
Federal Court of Australia
Niardone v Clubb [2021] FCA 14 File number: WAD 7 of 2021
Judgment of: COLVIN J
Date of judgment: 21 January 2021
Catchwords: CORPORATIONS - application by directors for urgent interlocutory injunction restraining respondents from acting as administrators of company - where appointment of administrators based on claim that company failed to pay fees - where directors dispute fees payable - where parties consented to grant of interlocutory relief if amount paid into Court - whether company required to demonstrate solvency for order to be made for administration to end - consideration of width of power of s 447A of Corporations Act 2001 (Cth) - interlocutory relief granted - order made for administration to end on specified date unless application made by a creditor or other interested party to vary or discharge order
Legislation: Corporations Act 2001 (Cth) ss 435C, 436C, 447A, 1322, Part 5.3A
Cases cited: Australasian Memory Pty Limited v Brien [2000] HCA 30; (2000) 200 CLR 270 BE Australia WD Pty Ltd (subject to a Deed of Company Arrangement) v Sutton [2011] NSWCA 414; (2011) 82 NSWLR 336 Flynn v Theobald [2008] WASC 263 Re MROC Car Wholesalers Pty Ltd [2017] NSWSC 287 Smolarek v Liwszyc [2006] WASCA 50 (S)
Division: General Division
Registry: Western Australia
National Practice Area: Commercial and Corporations
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