Federal Court of Australia
Federal Court of Australia
Commissioner of Taxation v McDermott, in the matter of Lonnex Pty Ltd (in liq) [2022] FCA 279 File number(s): VID 331 of 2019
Judgment of: O'CALLAGHAN J
Date of judgment: 24 March 2022
Catchwords: CORPORATIONS – orders sought under s 477(2B) of the Corporations Act 2001 (Cth) for approval for a liquidator of a company to enter into an agreement on the company's behalf where the term of the agreement may end or obligations of a party to the agreement may, according to the terms of the agreement, be discharged by performance more than 3 months after the agreement is entered into –retroactive approval sought under s 477(2B) – orders made
Legislation: Corporations Act 2001 (Cth) s 477(2B)
Cases cited: Australian Securities and Investments Commission v McDermott, Re Conalpin Pty Ltd (in liq) [2016] FCA 1186 Boardman (Liquidator) v Australian Boutique Spirits Pty Ltd, Re Europa International Pty Ltd (in liq) [2021] FCA 1520 Fortress Credit Corporation (Australia) II Pty Ltd v Fletcher and Barnet (2015) 89 NSWLR 110 McDermott and Potts in their capacities as joint and several liquidators of Lonnex Pty Ltd (in liquidation) [2019] VSCA 23 Stewart, Re Newtronics Pty Ltd [2007] FCA 1375 Tonks, Re Ambient Rail Pty Ltd (in liq) [2019] FCA 1556
Division: General Division
Registry: Victoria
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
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