Federal Court of Australia
Federal Court of Australia
CIP Group Pty Ltd v Watters in his capacity as receiver and manager of GGPG Pty Ltd [2023] FCA 329 File number(s): QUD 222 of 2022
Judgment of: DOWNES J
Date of judgment: 14 April 2023
Catchwords: CORPORATIONS – whether an inquiry pursuant to s 423 of the Corporations Act 2001 (Cth) should be ordered – complaint about commercial judgments made by receiver concerning refinance and sale of land in land development – receiver provided detailed explanations in affidavits and documents – receiver has limited remaining role in relation to the sale of the land – overlap between issues raised in this application and issues raised in other proceeding – evidence given by receiver in this proceeding appears to form basis of matters pleaded by the applicants in the other proceeding – application dismissed
Legislation: Corporations Act 2001 (Cth) ss 420A, 423 Land Title Act 1994 (Qld) s 126(2) Property Law Act 1974 (Qld) s 94
Cases cited: Artistic Builders Pty Ltd v Elliott & Tuthill (Mortgages) Pty Ltd & Ors (2002) 10 BPR 19,565; [2002] NSWSC 16 Australian Securities and Investments Commission v Dunner (2013) 303 ALR 98; [2013] FCA 872 Australian Securities and Investments Commission v Wily & Hurst (2019) 137 ACSR 1; [2019] NSWSC 521 BL & GY International Co Ltd v Hypec Electronics Pty Ltd (2010) 79 ACSR 558; [2010] NSWSC 959 CIP Group Pty Ltd v So [2022] FCA 1490 GE Capital Australia v Davis (2002) 180 FLR 250; [2002] NSWSC 1146 Hall v Poolman (2009) 75 NSWLR 99; [2009] NSWCA 64 Leslie, in the matter of the Aboriginal Councils and Associations Act 1976 v Hennessy [2001] FCA 371 Naxatu Pty Limited v Perpetual Trustee Company Limited (2012) 207 FCR 502; [2012] FCAFC 163 Northbourne Developments Pty Ltd v Reiby Chambers Pty Ltd (1989) 19 NSWLR 434 Oswal, in the matter of Burrup Fertilisers Pty Ltd (Receivers and Managers Appointed) v Carson, McEvoy and Theobald (Receivers and Managers) (No 3) (2013) 300 ALR 149; [2013] FCA 357 Sahab Holdings Pty Ltd v Tonks [2023] NSWCA 12 Vink v Tuckwell (2008) 216 FLR 309; [2008] VSC 100
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