Krejci, in the matter of Greatcell Solar Limited (in liq) [2022] FCA 67

Federal Court of Australia

Krejci, in the matter of Greatcell Solar Limited (in liq) [2022] FCA 67 File number: NSD 1358 of 2021

Judgment of: CHEESEMAN J

Date of judgment: 3 February 2022

Catchwords: CORPORATIONS – application by liquidators pursuant to section 477(2B) of the Corporations Act 2001 (Cth) for approval of entry into funding agreements and costs agreements – where the liquidators wish to pursue public examinations for the purpose of assessing claims that they believe may be available to them and the companies in liquidation – where agreements are sought to be entered into for the purpose of funding the proposed public examinations and certain related work – where the companies are otherwise without sufficient funds to pursue the proposed public examinations – whether entry into the agreements is in the interests of the administrations – whether approval should take effect nunc pro tunc – Held: application successful. PRACTICE AND PROCEDURE – confidentiality orders sought in respect of evidence supporting the application – where that evidence comprises the funding agreements and costs agreements – Held: confidentiality orders made.

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

Cases cited: Fortress Credit Corporation (Australia) II Pty Ltd v Fletcher [2011] FCAFC 89; (2011) 85 ACSR 38 Hird (Liquidator), in the matter of Allmine Group Limited (in liq) [2018] FCA 781 Hurst, in the matter of Liquor National Pty Ltd (in liq) [2019] FCA 1581 Hutchison v Hillcrest Litigation Services Limited [2010] NSWSC 934 Kogan, in the matter of Rogulj Enterprises Pty Ltd (in liq) [2021] FCA 856 Vickers, Re York St Mezzanine Pty Ltd [2011] FCA 1028; (2011) 196 FCR 479