Federal Court of Australia
Federal Court of Australia
Kogan, in the matter of Rogulj Enterprises Pty Ltd (in liq) [2021] FCA 856 File number(s): NSD 658 of 2021
Judgment of: CHEESEMAN J
Date of judgment: 23 July 2021
Date of publication of reasons: 27 July 2021
Catchwords: CORPORATIONS – Application by liquidators for approval to enter into a funding agreement pursuant to s 477(2B) of the Corporations Act 2001 (Cth) – whether entry into the funding agreement is a proper exercise of power – whether approval can be given retrospectively – orders sought for confidentiality over certain evidence – Held: Application granted, confidentiality orders made
Legislation: Corporations Act 2001 (Cth), s 477 Federal Court of Australia Act 1976 (Cth), ss 37AF, 37AG
Cases cited: Empire (Aust) Nominees Pty Ltd v Vince [2000] VSC 324; (2000) 35 ACSR 167 Hird (Liquidator), in the matter of Allmine Group Limited (in liq) [2018] FCA 781 Hutchison v Hillcrest Litigation Services Limited [2010] NSWSC 934 Jones, Saker, Weaver and Stewart (Liquidators), in the matter of Great Southern Limited (in liq) (Receivers and Managers Appointed) [2012] FCA 1072 Onefone Australia Pty Ltd v OneTel Ltd [2010] NSWSC 498; (2010) 78 ACSR 163 Re Ambient Advertising Pty Ltd (in liq) [2015] NSWSC 1079 Re HIH Insurance Ltd [2004] NSWSC 5 Re Golden Sands Hospitality Pty Ltd (In Liq) (No 2) [2017] NSWSC 450 Robinson, in the matter of Reed Constructions Australia Pty Ltd (in liq) [2017] FCA 594 Stewart, in the matter of Newtronics Pty Ltd [2007] FCA 1375 Vickers, Re York St Mezzanine Pty Ltd [2011] FCA 1028; (2011) 196 FCR 479 Victoria v CTM Training Solutions Pty Ltd (in liq) [2017] VSC 47 Victoria v Goulburn Administration Services (in liq) [2016] VSC 654; (2016) 51 VR 685
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