Federal Court of Australia
Federal Court of Australia
McCabe, in the matter of Sargon Capital Pty Limited (receivers and managers appointed) (in liq) [2023] FCA 345 File number: NSD 242 of 2023
Judgment of: YATES J
Date of judgment: 6 April 2023
Catchwords: CORPORATIONS – application by liquidators for orders under s 90-15 of Sch 2 to the Corporations Act 2001 (Cth) (the Act) – where orders sought include an order that the liquidators are justified and otherwise acting reasonably in commencing and continuing certain proceedings – where orders sought include an order that the liquidators are justified and otherwise acting reasonably in commencing and conducting examinations pursuant to ss 596A and 596B of the Act CORPORATIONS – application by liquidators for an order under s 477(2B) of the Act retrospectively approving an agreement entered into by the liquidators – where the agreement is with solicitors for the purpose of providing professional services in respect of the company's liquidation
Legislation: Corporations Act 2001 (Cth) ss 436C, 447D, 477, 588FF, 596A, 596B, Sch 2 s 90-15
Cases cited: Empire (Aust) Nominees Pty Ltd (in liq) v Vince [2000] VSC 324; 35 ACSR 167 Forestview Nominees Pty Ltd ACN 063 440 102 (recs and mgrs. apptd) (in liq) [2007] FCA 1985; 164 FCR 237 Frigger v Kitay (No 2) [2020] FCA 497; 143 ACSR 655 Goyal, in the matter of Cape Technologies Pty Ltd (admins apptd) [2021] FCA 1654 Hill, in the matter of Autocare Services Pty Ltd (admins apptd) [2021] FCA 167 Hutchison v Hillcrest Litigation Services Ltd [2010] NSWSC 934 In the matter of Ansett Australia Limited and Korda [2002] FCA 90; 115 FCR 409 Lewis (liquidator), in the matter of Concrete Supply Pty Ltd (in liq) [2020] FCA 841; 145 ACSR 459 Read, in the matter of Forestview Nominees Pty Ltd; Australian Securities & Investments Commission v Re GA Listing & Maintenance Pty Ltd (1994) 15 ACSR 308 Vickers, in the matter of York Street Mezzanine Pty Ltd (in liq) [2011] FCA 1028; 196 FCR 479
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