Federal Court of Australia
Federal Court of Australia
Anderson, in the matter of NT Port and Marine Pty Ltd (Administrators Appointed) (No 2) [2023] FCA 408 File number: SAD 9 of 2023
Judgment of: CHARLESWORTH J
Date of judgment: 3 May 2023
Catchwords: CORPORATIONS – company under external administration – administrators seeking orders and directions in relation to a Deed entered into by them and other parties – Deed providing for funding to ensure the continued operation of the company's business whilst opportunities for the sale of the company's business and assets are explored – whether operation of s 443A of the Corporations Act 2001 (Cth) should be excluded with respect to the Deed such that the administrators will not be personally liable for money borrowed pursuant to the Deed – whether the administrators have acted reasonably in entering into the Deed
Legislation: Corporations Act 2001 (Cth) ss 9, 435A, 443A, 443D, 447A
Cases cited: Algeri (Administrator), in the matter of Murray & Roberts Pty Ltd (Administrators Appointed) [2022] FCA 1506 Anderson, in the matter of NT Port and Marine Pty Ltd (Administrators Appointed) [2023] FCA 3 Hill, in the matter of Autocare Services Pty Ltd (administrators appointed) [2021] FCA 167 In the matter of RCR Tomlinson Ltd (Administrators Appointed) & Ors [2018] NSWSC 1859 Korda, in the matter of Ten Network Holdings Ltd (Administrators Appointed) (Receivers and Managers Appointed) [2017] FCA 1144 Krejci, in the matter of Union Standard International Group Pty Ltd (Administrators Appointed) (No 2) [2020] FCA 1111 Mentha, in the matter of Griffin Coal Mining Company Pty Limited (administrators appointed) [2010] FCA 1469; 82 ACSR 142 Nipps (Administrator) v Remagen Lend ADA Pty Ltd, in the matter of Adaman Resources Pty Ltd (Administrators Appointed) (No 4) [2021] FCA 644 Secatore, in the matter of Fletcher Jones and Staff Pty Ltd (Administrators Appointed) [2011] FCA 1493 Strawbridge, in the matter of Virgin Australia Holdings Ltd (administrators appointed) (No 2) [2020] FCA 717
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