Federal Court of Australia
Federal Court of Australia
Boardman (liquidator) v Australian Boutique Spirits Pty Ltd, in the matter of Europa International Pty Ltd (in liq) [2021] FCA 1520 File number(s): NSD 1001 of 2021
Judgment of: HALLEY J
Date of judgment: 1 December 2021
Date of publication of reasons: 2 December 2021
Catchwords: CORPORATIONS – application by liquidator of company for approval of entry into settlement agreement pursuant to ss 477(2A) and 477(2B) of the Corporations Act 2001 (Cth) – where approval sought nunc pro tunc – application granted PRACTICE AND PROCEDURE – application for suppression orders pursuant to s 37AF of the Federal Court of Australia Act 1976 (Cth) in relation to the content of a settlement agreement – where liquidator entitled to preserve settlement agreement where to do otherwise may cause the parties to suffer commercially in ways unrelated to the settlement – suppression orders necessary to prevent prejudice to the proper administration of justice – application granted
Legislation: Corporations Act 2001 (Cth) ss 477, 479, 506, 1322 Federal Court of Australia Act 1976 (Cth) ss 37AF, 37AG Federal Court Rules 2011 (Cth) r 2.32 Corporations Regulations 2001 (Cth) reg 5.4.02
Cases cited: Chamberlain v RG&H Investments Pty Ltd and Another (2009) 76 ACSR 415; [2009] FCA 1531 Elderslie Finance Corporation Ltd v Newpage Pty Ltd (No 6) (2007) 160 FCR 423; [2007] FCA 1030 Fortress Credit Corporation (Australia) II Pty Ltd v Fletcher and Barnet (2015) 89 NSWLR 110; [2015] NSWCA 85 In the matter of Opel Networks Pty Limited [2013] NSWSC 1245 Mansfield v Thousand Angeles Island Pty Ltd (in liq), in the matter of Thousand Angeles Island Pty Ltd (in liq) (No 2) [2021] FCA 283 McGrath & Anor re HIH Insurance & Ors [2010] NSWSC 404 Pascoe in the matter of Brentwood Village Ltd (in liquidation) [2014] FCA 1295 Re Bell Group Ltd (in liq) (ACN 008 666 993); Ex parte Woodings (as liquidator of the Bell Group Ltd (in liq)) (2013) 97 ACSR 117; [2013] WASC 409 Re Bell Group Ltd (in liq); ex parte Woodings [2020] WASC 121 Re GA Listing & Maintenance Pty Ltd (1994) 15 ACSR 308 Re One Tel Ltd (2014) 99 ACSR 247; [2014] NSWSC 457 Re Spedley Securities Ltd (in liq) (1992) 9 ACSR 83; 10 ACLC 1742 QBE Workers Compensation (NSW) Ltd v GJ Formwork Pty Ltd (2006) 56 ACSR 687; [2006] NSWSC 98
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