Vardy (liquidator), in the matter of Bondi Pizza Pty Ltd (in liq) v Ruck [2022] FCA 287

Federal Court of Australia

Vardy (liquidator), in the matter of Bondi Pizza Pty Ltd (in liq) v Ruck [2022] FCA 287 File number(s): NSD 534 of 2020

Judgment of: HALLEY J

Date of judgment: 23 March 2022

Date of publication of reasons: 25 March 2022

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 suppression orders appropriate to prevent prejudice to the proper administration of justice in circumstances where disclosure of specific terms of the settlement may lead to further claims for contribution – application granted

Legislation: Corporations Act 2001 (Cth) ss 477, 1322 Corporations Act 2001 (Cth) sch 2, Insolvency Practice Schedule (Corporations) s 90-15 Corporations Regulations 2001 (Cth) reg 5.4.02 Federal Court of Australia Act 1976 (Cth) ss 37AF, 37AG

Cases cited: Chamberlain v RG & H Investments Pty Limited, in the matter of Hardy Bros (Earthmoving) Pty Limited (in liq) (No 2) (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 Re Bell Group Ltd (in liq); ex parte Woodings (2013) 97 ACSR 117; [2013] WASC 409 Re Bell Group Ltd (in liq); ex parte Woodings [2020] WASC 121 Re HIH Insurance Ltd [2004] NSWSC 5 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 Vardy v Linz, in the matter of Bondi Pizza Pty Ltd (in liq) [2021] FCA 530