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 8) [2021] FCA 1260 File number: WAD 95 of 2021
Judgment of: BANKS-SMITH J
Date of judgment: 8 October 2021
Date of publication of reasons: 15 October 2021
Catchwords: CORPORATIONS - administration - where issues raised as to validity of resolution to appoint administrators to group of seven companies - where administrators sought relief under s 447A of the Corporations Act 2001 (Cth) - where orders as to appointment of administrators previously made as to five of the companies - where defendant no longer opposes relief sought by administrators as to appointment to remaining companies - where defendant discontinued related proceedings against administrators - consideration of matters relevant to exercise of discretion - orders made
Legislation: Corporations Act 2001 (Cth) ss 447A, Part 5.3A
Cases cited: Hayes v Doran (No 2) [2012] WASC 486 Nipps (Administrator) v Remagen Lend ADA Pty Ltd, in the matter of Adaman Resources Pty Ltd (Administrators Appointed) [2021] FCA 520 Nipps (Administrator) v Remagen Lend ADA Pty Ltd, in the matter of Adaman Resources Pty Ltd (Administrators Appointed) (No 3) [2021] FCA 628 Nipps (Administrator) v Remagen Lend ADA Pty Ltd, in the matter of Adaman Resources Pty Ltd (Administrators Appointed) (No 5) [2021] FCA 645 Nipps (Administrator) v Remagen Lend ADA Pty Ltd, in the matter of Adaman Resources Pty Ltd (Administrators Appointed) (No 7) [2021] FCA 813 Smolarek v McMaster (as administrator of Eznut Pty Ltd) [2006] WASCA 216
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