Federal Court of Australia
Federal Court of Australia
Nipps (Administrator) v Remagen Lend ADA Pty Ltd, in the matter of Adaman Resources Pty Ltd (Administrators Appointed) [2021] FCA 520 File number: WAD 95 of 2021
Judgment of: BANKS-SMITH J
Date of judgment: 14 May 2021
Catchwords: CORPORATIONS - administrators - where group of companies - where issues raised as to validity of resolution to appoint administrators to two companies in the group - where appointment to five other subsidiary companies not challenged - where administrators sought relief under s 447A of the Corporations Act 2001 (Cth) with respect to their appointment to the subsidiaries - matters relevant to discretion - subsidiaries insolvent - orders made
Legislation: Corporations Act 2001 (Cth) ss 248B, 436A, 436E, 447A, Part 5.3A
Cases cited: Hayes v Doran (No 2) [2012] WASC 486 Lesso Building Material Trading (Sydney) Pty Limited (administrators appointed) [2018] NSWSC 1486 Smolarek v McMaster (as administrator of Eznut Pty Ltd) [2006] WASCA 216
Division: General Division
Registry: Western Australia
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Number of paragraphs: 48
Date of hearing: 14 May 2021
Counsel for the Plaintiffs: Mr J Garas SC with Ms RA Collins
Solicitor for the Plaintiffs: Gilbert + Tobin
Counsel for the Defendant: Mr WCJ Zappia with Mr S Tomasich
Solicitor for the Defendant: King & Wood Mallesons
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate