Federal Court of Australia
Federal Court of Australia
Vardy v Linz, in the matter of Bondi Pizza Pty Ltd (in liq) [2021] FCA 530 File number: NSD 534 of 2020
Judgment of: HALLEY J
Date of judgment: 18 May 2021
Date of publication of reasons: 19 May 2021
Catchwords: CORPORATIONS – application by liquidator of company for approval of entry into settlement agreement pursuant to ss 477(2A) and 477(2B) of the Corporations Act 2001 (Cth) – where approval sought nunc pro tunc – application granted PRACTICE AND PROCEDURE – application for suppression orders pursuant to s 37AF of the Federal Court of Australia Act 1976 (Cth) in relation to the content of a settlement agreement – where liquidator's proceedings ongoing against remaining defendant not party to the settlement agreement – where administration of justice requires proper compromises be facilitated rather than obstructed – whether liquidator entitled to preserve settlement agreement against disclosure to remaining defendant – application granted
Legislation: Corporations Act 2001 (Cth) ss 477, 1322 Corporations Act 2001 (Cth) sch 2, Insolvency Practice Schedule (Corporations) s 90-15 Corporations Regulations 2001 (Cth) reg 5.4.02 Federal Court of Australia Act 1976 (Cth) ss 37AF, 37AG
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