Federal Court of Australia
Federal Court of Australia
Hundy (liquidator), in the matter of 3 Property Group 13 Pty Ltd (in liquidation) [2022] FCA 1216 File numbers: ACD 14 of 2022 ACD 16 of 2022
Judgment of: WIGNEY J
Date of judgment: 13 October 2022
Catchwords: PRACTICE AND PROCEDURE – applications by intervening parties to be heard in respect of liquidator's applications under s 477(2B) of Corporations Act 2001 (Cth) for retrospective approval of funding agreements – grant of leave sought pursuant to r 2.13(1) of Federal Court (Corporations) Rules 2000 (Cth) – whether Court should exercise discretion in r 2.13 to permit intervening parties to be heard – intervening parties allege liquidator has not fairly, objectively or impartially considered or investigated whether the intervening parties have claims against the funder – consideration of principles relating to approval of funding agreements – status as creditors, claimed creditors or officers of creditors insufficient alone to justify grant of leave – basis for intervening parties' applications largely speculative – leave to be heard granted on limited basis
Legislation: Corporations Act 2001 (Cth) s 477(2B), Sch 2 Federal Court (Corporations) Rules 2000 (Cth) rr 2.13, 2.13(1) Building and Construction Industry (Security of Payment) Act 2009 (ACT)
Cases cited: Brown v DML Resources Pty Ltd (in liq) (2001) 52 NSWLR 685; [2001] NSWSC 590 Deloughery & Ors v Weston (2010) 79 ACSR 180; [2010] NSWCA 148 Empire (Aust) Nominees Pty Ltd v Vince (2000) 35 ACSR 167; [2000] VSC 324 Fortress Credit Corporation (Australia) II Pty Ltd v Fletcher & Barnet (2015) 89 NSWLR 110; [2015] NSWCA 85 Hird (Liquidator), in the matter of Allmine Group Limited (in liq) [2018] FCA 781 Hughes, in the matter of Sales Express Pty Ltd (in Liq) [2016] FCA 423 Hutchison v Hillcrest Litigation Services Ltd [2010] NSWSC 934 Jones, Saker, Weaver and Stewart (Liquidators), in the matter of Great Southern Limited (in liq) (Receivers and Managers Appointed) [2012] FCA 1072 Kogan, in the matter of Rogulj Enterprises Pty Ltd (in liq) [2021] FCA 856 Leigh, re AP and PJ King Pty Ltd (in liq) [2006] NSWSC 315 Onefone Australia Pty Ltd v One.Tel Pty Ltd (2010) 78 ACSR 163; [2010] NSWSC 498 Re ACN 076 673 875 Ltd (rec and mgr apptd) (in liq) (2002) 42 ACSR 296; [2002] NSWSC 578 Re Bell Group Ltd (in liq) ACN 008 666 993 [2009] WASC 235 Re City Pacific Ltd [2017] NSWSC 784 Re Golden Sands Hospitality Pty Ltd (in liq) (No 2) [2017] NSWSC 450 Re HIH Insurance Ltd [2004] NSWSC 5 Re Spedley Securities Ltd (in liq) (1992) 9 ACSR 83 Stewart, re Newtronics Pty Ltd [2007] FCA 1375 Thorn (liquidator), in the matter of South Townsville Developments Pty Ltd (in liq) [2022] FCA 143 Vickers, in the matter of York Street Mezzanine Pty Ltd (in liq) (2011) 196 FCR 479; [2011] FCA 1028
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