Thorn (liquidator), in the matter of South Townsville Developments Pty Ltd (in liq) [2022] FCA 143

Federal Court of Australia

Thorn (liquidator), in the matter of South Townsville Developments Pty Ltd (in liq) [2022] FCA 143 File number: NSD 1176 of 2021

Judgment of: STEWART J

Date of judgment: 23 February 2022

Catchwords: CORPORATIONS – application under s 477(2B) of the Corporations Act 2001 (Cth) for approval nunc pro tunc of funding and related agreements entered into by liquidator – where agreements are for the purpose of funding extant litigation in this Court – considerations relevant to exercise of discretion PRACTICE AND PROCEDURE – application for suppression orders – where orders sought in relation to funding agreements to enable pursuance of litigation in this Court by a liquidator PRACTICE AND PROCEDURE – application by non-party for leave to be heard – considerations relevant to exercise of discretion – where non-party is a defendant in a separate proceeding brought by the plaintiff – application dismissed

Legislation: Corporations Act 2001 (Cth) s 477(2B) Federal Court of Australia Act 1976 (Cth) ss 37AF, 37AG, 37AH Federal Court (Corporations) Rules 2000 (Cth) r 2.13

Cases cited: Brown v DML Resources Pty Ltd (in liq) (No 7) [2002] NSWSC 162; 41 ACSR 299 Brown v DML Resources Pty Ltd (in liq) [2001] NSWSC 590; 52 NSWLR 685 Deloughery v Weston [2017] NSWCA 148; 79 ACSR 180 Hancock (liquidator), in the matter of South Townsville Developments Pty Ltd (in liq) [2019] FCA 71 Hancock liquidator of South Townsville Developments Pty Ltd (in liq) (No 2) [2019] FCA 622 In the matter of Octaviar Administration Pty Ltd (in liq) [2014] NSWSC 344 In the matter of One.Tel Ltd [2014] NSWSC 457 Jones, Saker, Weaver and Stewart (Liquidators), in the matter of Great Southern Ltd (in liq) (Receivers and Managers Appointed) [2012] FCA 1072 Kogan, in the matter of Rogulj Enterprises Pty Ltd (in liq) [2021] FCA 856 McGrath & Anor re HIH Insurance Ltd [2005] NSWSC 731 Motorola Solutions Inc v Hytera Communications Corporation Ltd (No 2) [2018] FCA 17 Needham, in the matter of Bruck Textile Technologies Pty Ltd (in liq) [2016] FCA 837 Onefone Australia Pty Ltd v OneTel Ltd [2010] NSWSC 498; 78 ACSR 163 Re Ambient Rail Pty Ltd (in liq); Ex parte Tonks [2019] FCA 1556 Re Bell Group Ltd (in liq) [2009] WASC 235 South Townsville Developments Pty Ltd (in liq) v Lauvan Pty Ltd (No. 2) [2021] FCA 941 South Townsville Developments Pty Ltd (in liq) v Lauvan Pty Ltd [2019] FCA 666 Stewart, in the matter of Newtronics Pty Ltd [2007] FCA 1375