Kogan, in the matter of Rogulj Enterprises Pty Ltd (in liq) (No 2) [2021] FCA 1504

Federal Court of Australia

Kogan, in the matter of Rogulj Enterprises Pty Ltd (in liq) (No 2) [2021] FCA 1504 File number: NSD 658 of 2021

Judgment of: CHEESEMAN J

Date of judgment: 24 November 2021

Catchwords: CORPORATIONS – application by liquidators for approval of entry into a funding agreement pursuant to section 477(2B) of the Corporations Act 2001 (Cth) – where proposed agreement amends an earlier funding agreement for which Court approval was given under s 477(2B) – where the liquidators have formed a view that entry into the amending agreement would be in the best interests of the Company - whether entry into the amending agreement is a proper exercise of power – Held: application successful. PRACTICE AND PROCEDURE – confidentiality orders sought in respect of an annexure to an affidavit supporting the application – where the annexure comprises the amending agreement – where the liquidator deposes to his concerns regarding the disclosure of the terms of the amending agreement – Held: confidentiality orders made.

Legislation: Corporations Act 2001 (Cth), s 477(2B) Federal Court of Australia Act 1976 (Cth), s 37AI, 37AF and 37AG

Cases cited: Alfonso, in the matter of Pinnacle Fire Protection Pty Ltd (in liq) v Woods [2021] FCA 1402 Hird (Liquidator), in the matter of Allmine Group Limited (in liq) [2018] FCA 781 In the matter of One.Tel Limited [2014] NSWSC 457; (2014) 99 ACSR 247 Kogan, in the matter of Rogulj Enterprises Pty Ltd (in liq) [2021] FCA 856 Pascoe, re Matrix Group Ltd (in liq) [2011] FCA 1117 Re J M Kelly Builders Pty Ltd (in liquidation) [2019] FCA 918 Re J M Kelly Builders Pty Ltd (In Liq) (No 2) [2019] FCA 1789 Re J M Kelly Builders Pty Ltd (In Liq) (No 3) [2019] FCA 2141 Stewart, in the matter of Newtronics Pty Ltd [2007] FCA 1375