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) (No 5) [2021] FCA 645 File number: WAD 95 of 2021
Judgment of: BANKS-SMITH J
Date of judgment: 14 June 2021
Catchwords: CORPORATIONS - administrators - group of companies - application under s 447A of the Corporations Act 2001 (Cth) and s 90-15 of the Insolvency Practice Schedule (Corporations) for orders as to payment of and indemnity for remuneration and costs irrespective of outstanding questions as to validity of appointment - issues raised as to resolution to appoint administrators overlap with separate shareholder proceedings - resolution of those issues therefore unavoidably deferred - administrators continue to operate significant business while restructure or sale process is pursued - administrators incurring costs and expenses - orders to limit exposure of administrators and to incorporate protections to persons who may seek to challenge remuneration or costs - application granted
Legislation: Corporations Act 2001 (Cth) ss 443D, 443F, 447A Corporations Act 2001 (Cth) Sch 2, Insolvency Practice Schedule (Corporations) ss 60-11, 90-15, 90-20, 90-23, 90-28
Cases cited: Blackadder v McQuinn (No 2) [2017] NTSC 57 Coad v Wellness Pursuit Pty Ltd (in liq) [2009] WASCA 68 In the matter of Polat Enterprises Pty Ltd (in liq) [2020] VSC 485 In the matter of Warwick Keneally as administrator of Australian Blue Mountain International Cultural & Tourist Group Pty Ltd (admin appointed) [2015] NSWSC 2037 Kreab Gavin Anderson (Australia) Ltd, in the matter of Kreab Gavin Anderson (Australia) Ltd (No 3) [2017] FCA 1473 Lombe, in the matter of Bosnjak Holdings Pty Ltd (Administrators appointed) [2005] FCA 275 Nipps (Administrators) v Remagen Lend ADA Pty Ltd, in the matter of Adaman Resources Pty Ltd (Administrators Appointed) [2021] FCA 520 Nipps (Administrators) v Remagen Lend ADA Pty Ltd, in the matter of Adaman Resources Pty Ltd (Administrators Appointed) (No 2) [2021] FCA 577 Nipps (Administrators) v Remagen Lend ADA Pty Ltd, in the matter of Adaman Resources Pty Ltd (Administrators Appointed) (No 4) [2021] FCA 645 Re The Dominion Insurance Company of Australia Ltd [2013] NSWSC 898; (2013) 276 FLR 338 Stewart v Atco Controls Pty Ltd (in liq) [2014] HCA 15; (2014) 252 CLR 307 Strawbridge, in the matter of Virgin Australia Holdings Ltd (Administrators Appointed) [2020] FCA 571
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