Frisken, in the matter of NPH Group Pty Ltd (in liq) [2021] FCA 1155

Federal Court of Australia

Frisken, in the matter of NPH Group Pty Ltd (in liq) [2021] FCA 1155 File number(s): NSD 811 of 2021

Judgment of: CHEESEMAN J

Date of judgment: 22 September 2021

Date of publication of reasons: 27 September 2021

Catchwords: CORPORATIONS – application for an order pursuant to s 447A of the Corporations Act 2001 (Cth) regularising appointment of an administrator – where the appointment of the administrator was based on a resolution of a sole director of a company who was an undischarged bankrupt at the relevant time – whether invalid appointment should be regularised – whether substantial injustice would be caused if order not made – Held: application successful

Legislation: Corporations Act 2001 (Cth), ss 447A(1), 447A(4), 201M

Cases cited: Albarran v Pascoe [2006] NSWSC 418; (2006) 232 ALR 810 Australasian Memory Pty Ltd v Brien [2000] HCA 30; (2000) 200 CLR 270 Calabretta v Redpen Developments Pty Ltd (in liq) [2010] FCA 81; (2010) 183 FCR 47 Cawthorn v Keira Constructions Pty Ltd (1994) 33 NSWLR 60 Gibbons v LibertyOne Ltd [2002] NSWSC 274; (2002) 167 FLR 310 Hayes v Doran (No 2) [2012] WASC 486 Quinlan; Re Halifax Investment Services Pty Ltd (admins apptd) (No 4) [2019] FCA 604 Re Australian Art Investment Pty Ltd [2012] VSC 18 Re Centaur Mining & Exploration Ltd (in liq) [2003] FCA 1339; (2003) 133 FCR 482 Re Love [No 1] [2003] NSWSC 58; (2003) 44 ACSR 367 Re MF Global Australia Ltd (in liq) [2013] NSWSC 779 Re One.Tel Ltd; Walker and Sherman (as liqs) [2002] NSWSC 1081; (2002) 43 ACSR 305 Re Wood Parsons Pty Ltd (in liq)[2002] NSWSC 1058; (2002) 43 ACSR 257 Sule Arnautovic and John Kukulovski [2009] NSWSC 1444