Federal Court of Australia
Federal Court of Australia
Rathner v Fopar Nominees Pty Ltd, in the matter of Reliance Franchise Partners Pty Ltd (in liq) [2022] FCA 1313 File number: WAD 88 of 2021
Judgment of: BANKS-SMITH J
Date of judgment: 2 November 2022
Date of publication of reasons: 3 November 2022
Catchwords: CORPORATIONS - application by liquidators of company for approval of entry into settlement deed under s 477(2A) and s 477(2B) of Corporations Act 2001 (Cth) - settlement deed also addresses treatment of proofs of debt and resolves two separate proceedings - settlement deed in interests of creditors - application granted
Legislation: Corporations Act 2001 (Cth) ss 477, 564, 588FF
Cases cited: Vardy v Linz, in the matter of Bondi Pizza Pty Ltd (in liq) [2021] FCA 530
Division: General Division
Registry: Western Australia
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Number of paragraphs: 30
Date of hearing: 2 November 2022
Counsel for the Plaintiffs: Mr DC Harrison
Solicitor for the Plaintiffs: Macpherson Kelley
Counsel for the Defendant: Mr D Banda
Solicitor for the Defendant: Bennett
ORDERS WAD 88 of 2021 IN THE MATTER OF RELIANCE FRANCHISE PARTNERS PTY LTD (IN LIQ) BETWEEN: GIDEON ISAAC RATHNER AND MATTHEW BRIAN SWEENY (AS JOINT AND SEVERAL LIQUIDATORS OF RELIANCE FRANCHISE PARTNERS PTY LTD (IN LIQUIDATION) (ACN 151 750 613) First Plaintiff
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