Federal Court of Australia
Federal Court of Australia
Dudley, in the matter of Freshwater Bay Investments Pty Limited (in liquidation) [2021] FCA 608 File number: WAD 606 of 2019
Judgment of: MCKERRACHER J
Date of judgment: 4 June 2021
Catchwords: CORPORATIONS – liquidators – application for approval nunc pro tunc of entry into a retainer agreement with legal representatives – where creditors passed a resolution that authorised entry into a litigation funding agreement but did not specifically mention the retainer agreement – whether approval is in the interests of the liquidation – whether the reason why approval is sought nunc pro tunc has been explained CORPORATIONS – liquidators – application for extension of the period within which to bring an application for orders under s 588FF(1) of the Corporations Act 2001 (Cth) – where but for the cancellation of public examinations due to COVID-19 the application would have been brought in time – whether notice of the extension application must be given to an identified potential defendant
Legislation: Corporations Act 2001 (Cth) ss 477(2B), 588FF(1), 588FF(3), 1322(4)(d)
Cases cited: ASIC v Karl Suleman Enterprizes Pty Ltd (in liq) [2004] NSWSC 1244; (2004) 52 ACSR 103 BP Australia Ltd v Brown [2003] NSWCA 216; (2003) 58 NSWLR 322 Carter (Liquidator), in the matter of Australian Vocational Learning Institute Pty Ltd (in liq) [2019] FCA 2076 Deputy Commissioner of Taxation, in the matter of ACN 154 520 199 Pty Ltd (in liq) v ACN 154 520 199 Pty Ltd (in liq) (No 2) [2017] FCA 755 Greig v Stramit Corporation Pty Ltd [2003] QCA 298 Hayes, in the matter of Denham Constructions Pty Limited (in liq) [2018] FCA 2053 Hurst, in the matter of Liquor National Pty Ltd (in liq) [2019] FCA 1581 Re Kevin Jacobsen Pty Ltd (in liq) [2016] NSWSC 538 Re Macro Realty Developments Pty Ltd (No 2) [2020] FCA 649 Lewis (Liquidator), in the matter of Concrete Supply Pty Ltd (In Liq) [2020] FCA 841 Robinson, in the matter of Reed Constructions Australia Pty Ltd (in liq) [2017] FCA 594 Wallman v Milestone Enterprises Pty Ltd [2006] WASC 260; (2006) 205 FLR 68
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