Federal Court of Australia
Federal Court of Australia
Tucker (Administrator), in the matter of Brosa Design Pty Ltd (Administrators Appointed) [2022] FCA 1588 File number: WAD 269 of 2022
Judgment of: BANKS-SMITH J
Date of judgment: 22 December 2022
Catchwords: CORPORATIONS - administration - urgent application by administrators for directions under s 447A of Corporations Act 2001 (Cth) relating to transfer, delivery and abandonment of goods paid for by customers - where secured creditor accepts title to items paid for by customers has passed to respective customers - where sale agreement for assets of company negotiated by administrators - sale agreement executed and purchase moneys paid - where buyer under sale agreement obliged to takeover communications with customers and deliveries at its initial cost - where administrators not in funds - best interests of creditors - where first meeting of creditors has yet to be held - where time frame has not permitted notice of substance of proceedings to interested parties - directions made as to treatment of customer's goods - directions made for giving of notice to customers and affected parties - whether administrators are entitled to lien and indemnity from proceeds of sale of business - partial stay of orders for short period having regard to urgency and holiday period
Legislation: Corporations Act 2001 (Cth) s 436A, 447A, Schedule 2 (Insolvency Practice Schedule (Corporations)) s 90-15 Federal Court of Australia Act 1976 (Cth) ss 37AF, 37AG
Cases cited: In the matter of Ansett Australia Limited and Korda [2002] FCA 90; (2002) 115 FCR 409 In the matter of Hawden Property Group Pty Ltd (in liq) [2018] NSWSC 481 In the matter of International Art Holdings Pty Ltd (admin apptd); International Art Holdings Pty Ltd (admin apptd) v Adams [2011] NSWSC 164 In the matter of Plantation Outdoor Kitchens Pty Ltd (In Liq) [2019] NSWSC 925 In the matter of Renovation Boys Pty Ltd (admins apptd) [2014] NSWSC 340 Strawbridge, in the matter of Virgin Australia Holdings Ltd (administrators appointed) (No 7) [2020] FCA 1182 White, in the matter of Mossgreen Pty Ltd (Administrators Appointed) v Robertson [2018] FCAFC 63
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