Vardy v Linz, in the matter of Bondi Pizza Pty Ltd (in liq) (No 2) [2022] FCA 1080

Federal Court of Australia

Vardy v Linz, in the matter of Bondi Pizza Pty Ltd (in liq) (No 2) [2022] FCA 1080 File number(s): NSD 534 of 2020

Judgment of: YATES J

Date of judgment: 13 September 2022

Catchwords: CORPORATIONS – application by liquidator of company for approval of entry into Deed of Variation pursuant to ss 477(2A) and 477(2B) of the Corporations Act 2001 (Cth) – where approval sought nunc pro tunc – application for suppression orders pursuant to s 37AF of the Federal Court of Australia Act 1976 (Cth) in relation to the Deed of Variation – application pursuant to s 1322(4) of the Corporations Act that Deed of Variation not invalid by reason of being entered into without Court's prior approval – applications granted

Legislation: Corporations Act 2001 (Cth) ss 477(2A), 477(2B), 1322(4)(a) Federal Court of Australia Act 1976 (Cth) s 1322(4)(a) Corporations Regulations 2001 (Cth) reg 5.4.02

Cases cited: Elderslie Finance Corporation Ltd v Newpage Pty Ltd (No 6) [2007] FCA 1030; 160 FCR 423 Vardy v Linz, in the matter of Bondi Pizza Pty Ltd (in liq) [2021] FCA 530

Division: General Division

Registry: New South Wales

National Practice Area: Commercial and Corporations

Sub-area: Corporations and Corporate Insolvency

Number of paragraphs: 13

Date of hearing: 8 and 13 September 2022

Counsel for the Plaintiffs: Ms I King

Solicitor for the Plaintiffs: CCSG Legal

Counsel for the Defendants: The Defendants did not appear

ORDERS NSD 534 of 2020 IN THE MATTER OF BONDI PIZZA PTY LTD (IN LIQUIDATION) ACN 134 544 317 BETWEEN: DARREN JOHN VARDY IN HIS CAPACITY AS LIQUIDATOR OF BONDI PIZZA PTY LTD (IN LIQUIDATION) ACN 134 544 317 First Plaintiff