Federal Court of Australia
Federal Court of Australia
Matheson Property Group Pty Ltd (Trustee) v Virgin Australia Holdings Limited [2022] FCA 1243 File number: NSD 346 of 2022
Judgment of: LEE J
Date of judgment: 2 September 2022
Date of publication of reasons: 20 October 2022
Catchwords: CORPORATIONS – determination of separate question – construction of deed of company arrangement (DOCA) – Pt 5.3A of the Corporations Act 2001 (Cth) – construction and interpretation of clauses in DOCA as to creditor indemnity – meaning of "Claim" – whether the claim is an "Insured Claim" – whether creditor indemnity applies to claims other than "Insured Claims"
Legislation: Corporations Act 2001 (Cth) Pt 5.3A Federal Court of Australia Act 1976 (Cth) Pt IVA, ss 33J(4), 33ZB Civil Liability (Third Party Claims Against Insurers) Act 2017 (NSW) ss 4, 5
Cases cited: City of Swan v Lehman Brothers Australia Ltd [2009] FCAFC 130; (2009) 179 FCR 243
Division: General Division
Registry: New South Wales
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Number of paragraphs: 42
Date of hearing: 2 September 2022
Counsel for the Applicant: Mr I M Jackman SC with Mr R Pietriche
Solicitor for the Applicant: Corrs Chambers Westgarth
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