Federal Court of Australia
Federal Court of Australia
Lord, in the matter of Invigor Group Limited (administrators appointed) [2022] FCA 1064 File number: NSD 697 of 2022
Judgment of: YATES J
Date of judgment: 1 September 2022
Catchwords: CORPORATIONS – application by administrators for orders pursuant to ss 443A(1) and 447A(1) of the Corporations Act 2001 (Cth) and s 90-15 of the Insolvency Practice Schedule (Corporations) – where administrators of public company seek to continue to trade the business – where administrators seek to limit personal liability to repay debts incurred arising from funding agreement – whether funding agreement is in the best interests of creditors – application allowed
Legislation: Corporations Act 2001 (Cth) (the Act) ss 443A, 443A(2), 447A(1), Pt 5.3A Insolvency Practice Schedule (Corporations) (Sch 2 to the Act) s 90-15
Cases cited: In the matter of Unlockd Limited (Administrators Appointed) [2018] VSC 345 Birch, in the matter of Geelong Fire Services Pty Ltd (Administrators Appointed) [2022] FCA 963 Hill, in the matter of Ovato Limited (Administrators Appointed) [2022] FCA 903 In the matter of Renex Holdings (Dandenong) 1 Pty Ltd (Administrators Appointed) [2015] NSWSC 2003 Mentha, in the matter of Spyglass Management Group Pty Ltd (Administrators Appointed) [2004] FCA 1469; 51 ACSR 432 Preston, in the matter of Hughes Drilling Ltd (Administrators Appointed) [2016] FCA 1175 Mentha, in the matter of Griffin Coal Mining Company Pty Ltd (Administrators Appointed) [2010] FCA 1469; 82 ACSR 142 Secatore, in the matter of Fletcher Jones and Staff Pty Ltd (Administrators Appointed) [2011] FCA 1493 Strawbridge, in the matter of Retail Adventures Pty Limited (Administrators Appointed) v Retail Adventures Pty Limited (Administrators Appointed) (No 2) [2012] FCA 1368 Strawbridge, in the matter of Virgin Australia Holdings Ltd (Administrators Appointed) (No 2) [2020] FCA 717; 144 ACSR 347
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