Federal Court of Australia
Federal Court of Australia
Krejci (liquidator), in the matter of Half Price Enterprises Pty Ltd (In Liquidation) [2021] FCA 805 File number: NSD 323 of 2021
Judgment of: MARKOVIC J
Date of judgment: 7 June 2021
Date of publication of reasons: 16 July 2021
Catchwords: CORPORATIONS – application for extension of time under s 588FF(3)(a) of the Corporations Act 2001 (Cth) (Act) – where potential causes of action identified against interested persons – where further investigations necessary to consider applicable defences and utility of commencing proceedings – where third party funding to conduct further investigations only recently secured – where merit in permitting liquidator to proceed with investigations – application allowed CORPORATIONS – application for approval of entry into a funding agreement under s 477(2B) of the Act – where nunc pro tunc approval sought – where proposed terms of funding agreement not unusual or onerous – where funding agreement necessary to allow liquidator to pursue further investigations – application allowed
Legislation: Corporations Act 2001 (Cth) ss 477(2B), 588FF Federal Court of Australia Act 1976 (Cth)
Cases cited: Chin, in the matter Agatha Trading Pty Ltd (in liq) [2020] FCA 991 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 Robinson, in the matter or Reed Constructions Australia Pty Lt (in liq) [2017] FCA 594 Donnellon Childcare Holdings Pty Ltd (in liq), in the matter of Donnellon Childcare Holdings Pty ltd (in liq) v Donnellon [2020] FCA 1003 In the matter of Australian Vocational Learning Institute Pty Ltd (in liq) [2019] FCA 1638 Vaughan v Catanzariti, in the matter of Italian Prestige Jewellery Pty Limited (in Liq) [2018] FCA 1403 Re Clare Castle Pty Ltd (in liq) (2011) 255 FLR 435
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